Global Processing Services (UK) Ltd v Yanpolsky & Anor [2023] EWHC 425 (KB) (28 February 2023)

Global Processing Services (UK) Ltd v Yanpolsky & Anor [2023] EWHC 425 (KB) (28 February 2023)

The disclosed data had the necessary quality of confidence and was imparted in circumstances importing an obligation of confidence. The defendants' actual and threatened use of the data, including contacting cardholders, was unauthorised and not justified by any public interest or purpose exception. The threatened action would be detrimental to the claimant's reputation. The defendants have no real prospect of successfully defending the claim.

Citation
[2023] EWHC 425 (KB)
Parties
Claimant: Global Processing Services (UK) Limited; First Defendant: Vladimir Yanpolsky; Second Defendant: Alla Yanpolsky
Jurisdiction
England and Wales
Judgment Date
28 February 2023
Procedural Posture
Summary Judgment Application / High Court, King's Bench Division, Media and Communications List
Outcome
Summary judgment granted for the claimant
Legal Topics
Breach of Confidence, Implied Undertaking, Disclosure in Criminal Proceedings, Public Interest Defence, Data Breach Allegations
Confidentiality Data Protection Civil Procedure Breach of Confidence Implied Undertaking Disclosure in Criminal Proceedings Public Interest Defence Data Breach Allegations

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Parties

Global Processing Services (UK) Limited

Claimant

Vladimir Yanpolsky

First Defendant

Alla Yanpolsky

Second Defendant

Procedural Posture

Summary Judgment Application / High Court, King's Bench Division, Media and Communications List

Legal Issues

  1. 1 Whether the disclosed data had the necessary quality of confidence
  2. 2 Whether the data was imparted in circumstances importing an obligation of confidence
  3. 3 Whether the defendants' use or threatened use of the disclosed data was unauthorised

Ratio Decidendi

The disclosed data had the necessary quality of confidence and was imparted in circumstances importing an obligation of confidence. The defendants' actual and threatened use of the data, including contacting cardholders, was unauthorised and not justified by any public interest or purpose exception. The threatened action would be detrimental to the claimant's reputation. The defendants have no real prospect of successfully defending the claim.

Court Disposition

Summary judgment granted for the claimant

Orders

  • Injunction prohibiting the defendants from using, preserving, disseminating or disclosing the disclosed data
  • Order for delivery up and permanent destruction and/or deletion of any documents containing the disclosed data