Bank Notes

C - Confidential information

27/5/20

JQL v NTP [2020] EWHC 1349 (QB)

Considers claims for damages and an injunction for misuse of private information and breach of confidence in connection with a post on Facebook, including the extent of publication [102] and the threshold of seriousness [124]. Considers the element of intent [130], general principles relating to the misuse of private information [134], breach of confidence [149] and assessment of damages [153].

22/5/20

FORTESCUE METALS GROUP LTD v CHICHESTER METALS PTY LTD [2020] EWHC 1304 (Ch)

Summarises principles to be applied in considering whether a duty of confidence exists in relation to information [39].

7/5/20

GLENCAIRN IP HOLDINGS LTD v PRODUCT SPECIALITIES INC [2020] EWCA Civ 609

Considers when a firm of solicitors can be restrained from acting for a defendant if the firm acted for another defendant against the same claimant in earlier litigation which settled. The general law on confidentiality applies so the burden is on the applicant to show that there is a real risk of prejudice to him from the other party's solicitor having had access to confidential or privileged information. In the usual case, the appropriate remedy is not an injunction to restrain the solicitor from acting but an injunction to restrain use of the confidential or privileged information [69]. The principles in Bolkiah v KPMG (1999) do not apply to reverse the burden of proof [80]. It is for the applicant to show sufficient risk of misuse and prejudice to justify an injunction.

14/12/18

HYPERAMA PLC v POULIS [2018] EWHC 3483 (QB)

Considers when injunctive relief may be granted on a without-notice application and principles to be applied in seeking a ‘door-step delivery up’ injunction for delivery up of items containing confidential information.

31/1/14

GEORGIAN AMERICAN ALLOYS INC v WHITE & CASE LLP [2014] EWHC (Comm)

Applying Bolkiah v KPMG (1999), a final injunction was granted restraining solicitors acting in litigation where there was a real risk that confidential information acquired by the firm when acting for the applicant might be used.