Barts Health NHS Trust v Persons Unknown [2025] EWHC 3230 (KB) (08 December 2025)

Barts Health NHS Trust v Persons Unknown [2025] EWHC 3230 (KB) (08 December 2025)

Interim injunctive relief is granted against persons unknown who perpetrated a cyberattack and exfiltrated confidential information, as the Claimant demonstrated a serious issue to be tried, likelihood of success, inadequacy of damages, and balance of convenience overwhelmingly favours relief. Private hearing, confidentiality orders, and service out of jurisdiction are strictly necessary and proportionate given the criminal nature of the Defendants' conduct and risk of further harm.

Citation
[2025] EWHC 3230 (KB)
Parties
Claimant: Barts Health NHS Trust; Defendant: Persons Unknown
Jurisdiction
England and Wales
Judgment Date
08 December 2025
Procedural Posture
Pre Action Injunction Application / Without Notice, Pre Claim Form, Interim Relief
Outcome
Injunction and ancillary orders granted as sought by Claimant.
Legal Topics
Cyberattack, Breach of Confidence, Interim Injunctions, Service Out of Jurisdiction, Open Justice, Confidentiality Orders
Civil Procedure Privacy Law Information Technology Law Cyberattack Breach of Confidence Interim Injunctions Service Out of Jurisdiction Open Justice +1 more

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Parties

Barts Health NHS Trust

Claimant

Persons Unknown

Defendant

Procedural Posture

Pre Action Injunction Application / Without Notice, Pre Claim Form, Interim Relief

Legal Issues

  1. 1 Whether interim injunctive relief should be granted against persons unknown for misuse of confidential information exfiltrated in a cyberattack
  2. 2 Whether the hearing should be held in private and without notice
  3. 3 Whether ancillary confidentiality and service orders are justified

Ratio Decidendi

Interim injunctive relief is granted against persons unknown who perpetrated a cyberattack and exfiltrated confidential information, as the Claimant demonstrated a serious issue to be tried, likelihood of success, inadequacy of damages, and balance of convenience overwhelmingly favours relief. Private hearing, confidentiality orders, and service out of jurisdiction are strictly necessary and proportionate given the criminal nature of the Defendants' conduct and risk of further harm.

Court Disposition

Injunction and ancillary orders granted as sought by Claimant.

Orders

  • Defendants prohibited from using, publishing, communicating, or disclosing exfiltrated information.
  • Defendants prohibited from further attempts to obtain documents or data from Trust's IT systems.