Whether sensitive information was deliberately memorised by a former employee is irrelevant in determining whether it is protected by a restrictive covenant.
Since a case in 1986, it has sometimes been assumed that an employee cannot be found to have broken any condition of confidentiality or restrictive covenant if he or she subsequently uses information which he or she remembers from his employment, rather than which he or she took away in recorded form or which he or she had deliberately memorised.
Among other matters determined in a recent High Court case, the judge holds that how the ex-employee happens to know the information is not relevant.
SBJ Stephenson Ltd v Mandy. QBD. [2000]
[2000]