Duty of Fidelity CASES

Lady justice with law books

QBE Management Services (UK) Ltd v Dymoke [2012] EWHC 80 (QB)

An insurance underwriter secretly planned to establish a competing business while still employed. He misused the employer's confidential information and solicited colleagues to join him. The High Court held this was a flagrant breach of his contractual and fiduciary duties. Facts The claimant, QBE Management Services (UK) Ltd (‘QBE’), a Lloyd’s of London managing agent, brought a claim against several of its former employees. The first defendant, Mr Dymoke, was a senior and highly remunerated underwriter for QBE’s Professional Indemnity business. While still employed by QBE, Mr Dymoke secretly planned to set up a new, competing business (codenamed ‘Project P’)