High Court (3 April 2009): The High Court held that the law on confidentiality extends to consultants, as well as employees. The consultant in question had an express term of confidentiality in his contract, however the court also commented that such an equitable obligation could be implied if no contract existed.

The confidential information in this case related to technical information contained in a database, therefore a tangible item. In circumstances where the consultant, or employee, contains the confidential information in their heads the court advised that employers should rely on post termination non-compete clauses rather than the general equitable remedy.