Commentary

(a) Trade secrets – the traditional category

Division AII Contract of Employment
| Commentary

(a) Trade secrets – the traditional category

| Commentary

(2)     Trade secrets and confidential information

(a)     Trade secrets – the traditional category

'Trade secret' is an imprecise concept. Plainly, it would tend to embrace both secret processes or manufacture such as chemical formulae or design or special methods of construction, but it is wider than that. The factors to be considered when determining whether information amounts to a trade secret were set out in Faccenda Chicken Ltd v Fowler [1987] Ch 117, [1986] 1 All ER 617, and elaborated upon by Bingham MR (as he was then) in Lancashire Fires Ltd v SA Lyons & Co Ltd [1997] IRLR 113, CA:

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    —     the nature of the employment (including

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