IG Index Plc v Cloete

IG Index Plc v Cloete

The Claimant used information obtained from disclosure in Employment Tribunal proceedings in the present High Court action without permission, breaching CPR r.31.22(1). None of the exceptions applied, and the use was not for the purpose of the original proceedings. The justice of the case required striking out the...

Source-derived case information.

Parties
Claimant: IG Index PLC; Defendant: Johannes Hendrik Cloete
Jurisdiction
England and Wales
Judgment Date
11 December 2013
Procedural Posture
Civil / Ruling on Application to Strike Out Claim
Outcome
Claim struck out
Legal Topics
Abuse of Process, Use of Disclosed Documents, Confidential Information, Interim Injunctions
Civil Procedure Employment Law Confidentiality Abuse of Process Use of Disclosed Documents Confidential Information Interim Injunctions

Source-derived case record

Summary, issues, holding and outcome

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Parties

IG Index PLC

Claimant

Johannes Hendrik Cloete

Defendant

Procedural Posture

Civil / Ruling on Application to Strike Out Claim

Legal Issues

  1. 1 Whether the Claimant's use of documents disclosed in Employment Tribunal proceedings in the present High Court action constitutes an abuse of process under CPR r.31.22(1)
  2. 2 Whether permission should be granted retrospectively to use such documents
  3. 3 Whether the claim should be struck out

Ratio Decidendi

The Claimant used information obtained from disclosure in Employment Tribunal proceedings in the present High Court action without permission, breaching CPR r.31.22(1). None of the exceptions applied, and the use was not for the purpose of the original proceedings. The justice of the case required striking out the claim.

Court Disposition

Claim struck out

Orders

  • Claim struck out for breach of CPR r.31.22(1)
  • Court to hear arguments on costs and form of order