Where two employees of a large asset management firm were sued for £15 million for taking confidential information, but the employer’s only recovered £2 (nominal damages). The reason for this is that the employees had made no use of the confidential information. Therefore the employer had suffered no losses – Marathon v Seddon [2017] EWHC 300. This serves as a useful reminder to employers suing former employees for breaches of their contracts even if the employees have indeed breached the contract and the wrongdoing is blatant. The other key points to be considered; was the confidential information used and were there any gains made or losses incurred.
