HCRG Care Ltd v Persons Unknown [2025] EWHC 794 (KB) (02 April 2025)

HCRG Care Ltd v Persons Unknown [2025] EWHC 794 (KB) (02 April 2025)

Given the criminal nature of the Defendant's conduct, the ongoing threat to disclose sensitive confidential data, and the absence of any engagement from the Defendant, the continuation of the interim injunction is justified. Article 10 rights are not engaged in these circumstances. The Claimant has taken all practicable steps to notify the Defendant, and alternative service is validated.

Citation
[2025] EWHC 794 (KB)
Parties
Claimant: HCRG Care Limited; Defendant(s): Persons Unknown (responsible for obtaining data from the Applicant's IT systems from on or about 26 January 2025 to on or about 12 February 2025 and/or who has disclosed or is intending or threatening to disclose the information thereby obtained)
Jurisdiction
England and Wales
Judgment Date
02 April 2025
Procedural Posture
Interim Injunction Application (breach of Confidence, Cyber Attack) / Return Date Hearing for Continuation of Interim Injunction
Outcome
Interim injunction continued
Legal Topics
Breach of Confidence, Interim Injunctions, Cybercrime, Service Out of Jurisdiction, Freedom of Expression, Blackmail, Alternative Service
Media and Communications Law Privacy Law Civil Procedure Breach of Confidence Interim Injunctions Cybercrime Service Out of Jurisdiction Freedom of Expression +2 more

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Parties

HCRG Care Limited

Claimant

Persons Unknown (responsible for obtaining data from the Applicant's IT systems from on or about 26 January 2025 to on or about 12 February 2025 and/or who has disclosed or is intending or threatening to disclose the information thereby obtained)

Defendant(s)

Procedural Posture

Interim Injunction Application (breach of Confidence, Cyber Attack) / Return Date Hearing for Continuation of Interim Injunction

Legal Issues

  1. 1 Whether to continue an interim injunction restraining disclosure of confidential data obtained via cyber-attack
  2. 2 Whether Article 10 ECHR (freedom of expression) rights are engaged
  3. 3 Whether service by alternative means should be validated

Ratio Decidendi

Given the criminal nature of the Defendant's conduct, the ongoing threat to disclose sensitive confidential data, and the absence of any engagement from the Defendant, the continuation of the interim injunction is justified. Article 10 rights are not engaged in these circumstances. The Claimant has taken all practicable steps to notify the Defendant, and alternative service is validated.

Court Disposition

Interim injunction continued

Orders

  • Continuation of interim injunction restraining the Defendant from disclosing or threatening to disclose confidential data obtained from the Claimant's IT systems
  • Validation of alternative service by email and retrospective amendment to alternative service provisions