Cardium Law has won a notable legal victory underscoring the importance of protecting intellectual property rights.
The High Court awarded Anthony Gifford £2 million in damages against venture capital firm Hambro Perks in a case that reinforces the ethical obligations of venture capitalists in safeguarding the innovations of entrepreneurs.
Cardium Law was engaged by specialist legal funder Henderson & Jones after they took on Mr Gifford’s case.
Case Background
Mr Gifford conceived True View Care (TVC), a groundbreaking software solution aimed at revolutionising task management within the care industry.
TVC meticulously deconstructed patient-related tasks into specific timings and durations, ensuring optimal allocation to caregivers. This system facilitated real-time monitoring and triggered alerts for delayed or incomplete tasks, promising a significant enhancement in care home operations.
In 2016 while seeking investment to bring TVC to market, Mr Gifford engaged with Hambro Perks, now known as Salica Investments, sharing detailed business and technical information under the expectation of confidentiality.
Subsequent developments revealed that Hambro Perks utilised his proprietary insights to develop their own product, WeCare (later rebranded as Vida), through a subsidiary, Digital Home Visits, effectively sidelining Mr Gifford and introducing direct competition to his innovation.
Legal Proceedings and Judgment
The legal battle culminated in a decisive High Court judgment.
Mr. Justice Calver found Hambro Perks and its co-founder, Dominic Perks, guilty of breaching confidence, stating they had “unashamedly misappropriated the work and ideas of others.”
The court acknowledged that while WeCare differed in certain respects from TVC, it was fundamentally built upon Mr Gifford’s design.
Cardium Law’s Role
Cardium Law’s team, led by Director and leading Cardium lawyer Chris MacQueen, played an instrumental role in navigating the complexities of this case, ensuring that justice was served. Our team’s meticulous approach encompassed:
- Comprehensive Case Analysis: We conducted an in-depth examination of the evidence, tracing the development timelines of both TVC and WeCare to establish the misappropriation of confidential information.
- Working with a legal funding provider: Henderson & Jones engaged Cardium Law after they took on the case, enabling the pursuit of legal action without imposing undue financial strain on Mr Gifford.
- Robust Legal Representation: Our legal team presented compelling arguments highlighting the breach of confidence and the ethical lapses of Hambro Perks, leading to a favourable judgment. Hugh Sims KC and Jay Jagasia from Guildhall Chambers represented Mr Gifford in court.
Implications for the Venture Capital and Startup Ecosystem
This case sends a strong signal to the venture capital and startup ecosystem, emphasising the critical importance of:
- Protecting Intellectual Property: Entrepreneurs must remain vigilant in safeguarding their innovations, ensuring that appropriate legal measures are in place when sharing proprietary information with potential investors.
- Upholding Ethical Standards: Venture capital firms are reminded of their ethical obligations to respect the confidentiality and intellectual property of entrepreneurs, fostering a culture of trust and integrity within the industry.
- Legal Recourse for Innovators: The judgment reinforces that legal avenues are available and effective in addressing breaches of confidence, providing assurance to innovators that their rights can be protected.
Last Word
Cardium Law’s success in this case underscores our commitment to finding ways to defend innovators and others in the business community who might otherwise be unable to win their cases.
We do this by harnessing AI and other innovative approaches to maximise return on investment for our clients.
In this case, we were approached by the funding provider but we often approach funders on behalf of individuals and groups of clients to arrange appropriate finance to bring cases.
In the Media
This case has attracted media interest: