UK Law and Practice Contributed by: Nicola Dagg, Steven Baldwin, Rory Clarke and Ashley Grant, Kirkland & Ellis International LLP
5.4 Jurisdiction of the Courts There is no specialised trade secrets jurisdic - tion. Claims under GBP100,000 are likely to be brought in the County Court, and claims over GBP100,000 or claims that the claimant views as complex or of particular importance are likely to be brought in the High Court. In the High Court, they are likely to be heard in the Business and Property Courts, which covers the specialist civil courts of the Kings Bench Division and all of the lists of the Chancery Division. The specific list or court (Commercial Court, Intellectual Property List, etc) will depend on the broader context of the trade secrets dispute – ie, whether it will take place in the context of a contractual dispute. 5.5 Initial Pleading Standards The pleadings must contain all material facts to make out the claim. The claimant is not required to present its evidence of those facts at the pleading stage. However, the claimant/ its solicitors are required to sign a statement of truth in relation to their honest belief in the truth of the matters pleaded. The statement of truth acknowledges that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth. Cases based on inference are also permitted, but are more liable to be struck out depending on the strength of the inference. Although there are no special requirements for trade secrets, an area of difficulty for claim - ants can be pleading what constitutes the trade secret itself with the necessary specificity (see Saltman Engineering Co Ltd v Campbell Engi - neering Co Ltd (1948) 65 RPC 203) to avoid the claim being struck out. This point was re-emphasised in Mulsanne Insur - ance Company Ltd v Marshmallow Financial
A more detailed account of the factual elements of the claim as alleged is set out in the particu - lars of the claim, which must be contained in, or served together with, the claim form, or served on the defendant within 14 days of service of the claim form (but no later than the latest day for Under the Directive/Regulations, the limitation period is six years (Regulation 5). In Kieran Cor - rigan & Co Ltd v OneE Group Ltd [2023] EWHC 649 (Ch) at [312], the court concluded that this limitation period only applies to claims for the application of measures, procedures and rem - edies provided for under the Regulation. The limitation period begins from the later of: serving the claim form). 5.2 Limitations Period • the day on which the unlawful acquisition, use or disclosure that is the subject of the claim ceases; or • the day of knowledge of the trade secret holder (ie, when the owner becomes aware of the breach). A breach of confidence/trade secrets under equity does not have a limitation period – see Limitation Act, Section 36(1) and Kieran Corrigan & Co Ltd v OneE Group Ltd [2023] EWHC 649 (Ch) at [315] – [333]. In most cases, action will be taken immediately on discovery of the breach so the relevance of the limitation period is minimal. 5.3 Initiating a Lawsuit Concerning the initiation of a trade secret law - suit in the UK, see 5.1 Prerequisites to Filing a Lawsuit .
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