Cases

USP Strategies plc & Anor v London General Holdings Ltd & Ors

Facts

The parties were rivals for the award of a contract by a third party. During the tendering process the Defendants disclosed to the third party a legal opinion they had obtained to persuade the third party of the viability of their trust proposal. The Defendants later disclosed to the third party an infringing derivative copy of the Claimants' confidential trust agreement ("the CAA"). In the damages inquiry, the Claimants sought to prove that the Defendants had initially disclosed an infringing copy of the CAA to their lawyers in order to obtain the opinion which they had passed on to the third party. The Claimants said the advice had been sought or given for the purpose of perpetrating an iniquity.

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