Wang v Floreat Private Ltd & Ors [2023] EWHC 224 (Comm) (01 February 2023)

Wang v Floreat Private Ltd & Ors [2023] EWHC 224 (Comm) (01 February 2023)

The court finds that the information in question is confidential and legally privileged, imparted to the Defendants for a limited purpose under the SOSA. The Defendants are not entitled to use such information for purposes adverse to the Claimant in litigation or arbitration. The Claimant has not waived privilege/confidence by his conduct or litigation posture. Damages are not an adequate remedy. An interim injunction is appropriate to restrain further unauthorised use, review, or disclosure of the Claimant's confidential and privileged information by the Defendants.

Citation
[2023] EWHC 224 (Comm)
Parties
Claimant: Chia-Hsing Wang; First Defendant: Floreat Private Limited; Second Defendant: Floreat Principal Investment Management Limited; Third Defendant: LV II Investment Management Limited; Fourth Defendant: Floreat Investment Management Limited; Fifth Defendant: Floreat Real Estate Limited
Jurisdiction
England and Wales
Judgment Date
01 February 2023
Procedural Posture
Interim Injunction Application (breach of Confidence) / Post Hearing, Judgment on Interim Relief
Outcome
Interim injunction granted restraining Defendants from using, reviewing, or disclosing the Claimant's confidential and privileged information except as necessary for performance of obligations under the SOSA or as required by law.
Legal Topics
Breach of Confidence, Limited Waiver of Privilege, Interim Injunctions, Disclosure Obligations, Legal Professional Privilege
Equity Commercial Law Confidentiality Legal Professional Privilege Breach of Confidence Limited Waiver of Privilege Interim Injunctions Disclosure Obligations

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Parties

Chia-Hsing Wang

Claimant

Floreat Private Limited

First Defendant

Floreat Principal Investment Management Limited

Second Defendant

LV II Investment Management Limited

Third Defendant

Floreat Investment Management Limited

Fourth Defendant

Floreat Real Estate Limited

Fifth Defendant

Procedural Posture

Interim Injunction Application (breach of Confidence) / Post Hearing, Judgment on Interim Relief

Legal Issues

  1. 1 Whether the Defendants may use confidential and privileged information obtained during provision of services to the Claimant for purposes adverse to the Claimant in litigation/arbitration.
  2. 2 Whether the Claimant is entitled to an interim injunction restraining such use.
  3. 3 Whether privilege/confidence is waived by the Claimant's conduct or litigation posture.

Ratio Decidendi

The court finds that the information in question is confidential and legally privileged, imparted to the Defendants for a limited purpose under the SOSA. The Defendants are not entitled to use such information for purposes adverse to the Claimant in litigation or arbitration. The Claimant has not waived privilege/confidence by his conduct or litigation posture. Damages are not an adequate remedy. An interim injunction is appropriate to restrain further unauthorised use, review, or disclosure of the Claimant's confidential and privileged information by the Defendants.

Court Disposition

Interim injunction granted restraining Defendants from using, reviewing, or disclosing the Claimant's confidential and privileged information except as necessary for performance of obligations under the SOSA or as required by law.

Orders

  • Defendants are restrained from using, reviewing, or disclosing the Claimant's confidential and privileged information for purposes adverse to the Claimant in litigation/arbitration.
  • Defendants must deliver up or destroy any copies of such information obtained outside the permitted purpose.