Infinni Innovations SA v OFMS Ltd & Ors [2026] EWHC 470 (Comm) (03 March 2026)

Infinni Innovations SA v OFMS Ltd & Ors [2026] EWHC 470 (Comm) (03 March 2026)

The Defendants' admitted extraction of confidential data from the Claimant's servers constitutes a serious issue to be tried for breach of confidence under English, Spanish, and German law. The Claimant did not breach the duty of fair presentation at the without notice hearing. The balance of convenience favours continuation of the interim injunction restraining Defendants from accessing Claimant's servers and using extracted data, pending trial.

Citation
[2026] EWHC 470 (Comm)
Parties
Claimant: Infinni Innovations S. A.; First Defendant: OFMS Limited; Second Defendant: OMLAB Digital Limited; Third Defendant: Pavlo Kharmanskyi; Fourth Defendant: Danyl Romanov
Jurisdiction
England and Wales
Judgment Date
03 March 2026
Procedural Posture
Interim Injunction Application (breach of Confidence) / Return Day Hearing (post Without Notice Injunction)
Outcome
Interim injunction continued in modified form; Affidavit Obligation reinstated.
Legal Topics
Breach of Confidence, Database Rights, Cybersecurity, Interim Injunctions, Duty of Fair Presentation, Foreign Law Applicability, Migration of Confidential Data
Commercial Law Intellectual Property Information Technology Data Protection Breach of Confidence Database Rights Cybersecurity Interim Injunctions +3 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 10 Party arguments 2 Amounts and remedies 9
Sign in to unlock

Parties

Infinni Innovations S. A.

Claimant

OFMS Limited

First Defendant

OMLAB Digital Limited

Second Defendant

Pavlo Kharmanskyi

Third Defendant

Danyl Romanov

Fourth Defendant

Procedural Posture

Interim Injunction Application (breach of Confidence) / Return Day Hearing (post Without Notice Injunction)

Legal Issues

  1. 1 Whether the Defendants breached confidence by scraping and extracting confidential data from the Claimant's CRM platform
  2. 2 Whether the Claimant breached the duty of fair presentation at the without notice hearing
  3. 3 Whether the interim injunction should be continued and in what form

Ratio Decidendi

The Defendants' admitted extraction of confidential data from the Claimant's servers constitutes a serious issue to be tried for breach of confidence under English, Spanish, and German law. The Claimant did not breach the duty of fair presentation at the without notice hearing. The balance of convenience favours continuation of the interim injunction restraining Defendants from accessing Claimant's servers and using extracted data, pending trial.

Court Disposition

Interim injunction continued in modified form; Affidavit Obligation reinstated.

Orders

  • Defendants restrained from accessing Claimant's servers and systems.
  • Defendants prohibited from using extracted Fan Notes, Scripts, and Generated Data.