Supreme Court backs former employee in trade secrets case

Managing IP is part of Legal Benchmarking Limited, 1-2 Paris Gardens, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2026

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

Cookies Settings

Supreme Court backs former employee in trade secrets case

The Court of Appeal was right to find that a former employee of mosquito net maker Vestergaard was not liable for breach of confidential information, the UK Supreme Court has ruled

In a unanimous decision, the five Supreme Court judges found that Trine Sig was not liable as she did not learn of any relevant trade secrets while employed by Vestergaard, and was not aware that such secrets were being used by an employee of her company.

Writing the Court’s judgment, Lord Neuberger said that the law must maintain a balance between protecting trade secrets and not unreasonably inhibiting competition in the marketplace. He said that IP protection is vital to economic prosperity but added: “On the other hand, the law should not discourage former employees from benefitting society and advancing themselves by imposing unfair potential difficulties on their honest attempts to compete with their former employers.”

The dispute between these two parties arose from a complex trade secrets case, in which the Court of Appeal had upheld a ruling that Vestergaard’s trade secrets were used by competitor Bestnet Europe.

Vestergaard was represented by barristers Mark Platt-Mills QC and Thomas Moody-Stuart and law firm Field Fisher Waterhouse while the respondents were represented by Alastair Wilson QC and George Hamer and law firm McGuire Woods London.

more from across site and SHARED ros bottom lb

More from across our site

Julia Bishop is director of IP at Twilio in the US
Hellberg is an IP director at Essity in Sweden
Palińska is the business & IP law lead at CD Projekt Red in Poland
Teemu Itälä is head of legal and compliance for technology standards at Nokia in Finland
David Degen is senior IP counsel at Novartis, Switzerland
Demetrio Roberto Cavicchia is an IP director at Angelini Pharma in Italy
Schwitulla is the head of litigation management at Nokia in Germany
Almeida is the IP group leader at Bosch in Brazil
Amanda Luz is brand protection manager - global at Adidas in the US
Samantak Ghosh is vice president of IP at Avere Therapeutics in the US
Gift this article