SALT SHIP DESIGN AS V PRYSMIAN POWERLINK SRL

[2021] EWHC 2633 (Comm), Queen's Bench Division, Commercial Court, Mr Justice Jacobs, 30 September 2021

Contracts – Ship design – Claimant exclusively appointed to design vessel – Interpretation – Duration of exclusivity – Confidential design documents used by third party to produce alternative design – Tort – Unlawful means conspiracy – Exemplary damages – Trade Secrets (Enforcement, etc) Regulations 2018 (SI 2018 No 597)

The defendant submarine cable laying company had held a competitive tender process to appoint a designer of a new cable laying vessel (CLV), in which the claimant ship design company won the exclusive appointment to supply the concept and basic designs. A short form agreement (SFA) was signed on 13 July 2017. The SFA listed four phases of work and contained an agreement that a design contract would be signed between the designer and the yard contracted for the build.