Faccenda Chicken Ltd. v. Fowler
England and Wales High Court of Justice
[1987] Ch 117 (1987)
- Written by Eric Miller, JD
Facts
Faccenda Chicken Ltd. (Faccenda) (plaintiff) reared, slaughtered, and sold chickens. An employee of Faccenda, Barry Fowler (defendant), developed a process by which freshly slaughtered chickens were sold to customers from refrigerated trucks with designated routes and schedules. Fowler lost his employment with Faccenda after being charged with stealing chickens, though he was acquitted of the charge. Fowler then set up his own chicken business, for which he hired eight of Faccenda’s employees. Faccenda brought suit against Fowler and the eight employees, none of whom were bound by restrictive covenants. Faccenda alleged breaches of implied terms of the employees’ contracts and unlawful conspiracy, focusing on the employees’ use of (1) names and addresses of Faccenda customers, (2) convenient routes, (3) individual customers’ requirements, (4) standard delivery times, and (5) prices charged to individual customers. Fowler initiated a separate action for unpaid commissions. The England and Wales High Court of Justice Chancery Division dismissed Faccenda’s claims and ordered Faccenda to pay damages on Fowler’s claim. Faccenda appealed to the Chancery Division’s Court of Appeal.
Rule of Law
Issue
Holding and Reasoning (Neill, J.)
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