R was for five years employed as PH's general manager. PH's runs the business of operating an art gallery. R subsequently resigned from the plaintiffs' employment and formed his own company to carry on the business of an art gallery in the same area. PH sues R alleging that he had used and disclosed confidential information namely the names and contact details of artists from PH for his own business. R' contracts of employment with PH did not contain any express terms against the unauthorized use of confidential information gained by them in the course of their employment.

1. Can such a term be implied into their contract? If so, on what basis can this be implied? Are the customer's names and contacts trade secrets?
2. Assuming that such information have in fact been used by R and can be regarded as confidential information but were in fact compiled by R on his own after he left the employment of PH, would that be unlawful?