Breach of Confidence: Force India Formula One Team Ltd v 1 Malaysia Racing Team SDN BHD and Others
In Force India Formula One Team Ltd v 1 Malaysia Racing Team SDN BHD and Others [2012] EWHC 616 (Ch) (21 March 2012), Force India sued Aerolab and Fondmetal Technologies which had previously carried out wind tunnel tests and aerodynamic development work for Force India for breach of confidence. Force India's allegation was that those companies had used information gained from such testing and development to help design a car for the first defendant,1 Malaysia and its British subsidiary. Also sued was the former Chief Technical Officer of Force India who left to join 1 Malaysia. There was also a counterclaim by Fondmetal for 846,230 euro for unpaid fees.Unusually for the Chancery Division, the master had directed the questions of liability and quantum of damages to be determined at the same hearing. Force India had originally claimed damages of £15, 255,583 which claim was later reduced to £13, 771, 419. The Issues Ae...