Barts Health NHS Trust v Persons Unknown

Barts Health NHS Trust v Persons Unknown

Interim injunctive relief was granted because there was strong evidence of a serious issue to be tried (breach of confidence by cyberattack and blackmail), damages would be inadequate, the balance of convenience overwhelmingly favoured relief, and the orders sought (including anti-hacking, delivery up, and unmasking) were reasonable and proportionate. The hearing was properly held in private and without notice due to the risk of defeating the object of the application and further harm. Service out of the jurisdiction and by alternative means was justified given the circumstances.

Parties
Claimant: Barts Health NHS Trust; Defendant: Persons Unknown
Jurisdiction
England and Wales
Judgment Date
12 September 2025
Procedural Posture
Injunction (pre Action, Without Notice) / Interim Application for Urgent Injunctive Relief Prior to Claim Form Issuance
Outcome
Interim injunction and ancillary orders granted as sought by the Claimant.
Legal Topics
Interim Injunctions, Breach of Confidence, Cyberattacks, Open Justice, Service Out of Jurisdiction, Privacy, Anti Hacking Orders
Civil Procedure Data Protection Confidentiality Cybercrime Interim Injunctions Breach of Confidence Cyberattacks Open Justice +3 more

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Parties

Barts Health NHS Trust

Claimant

Persons Unknown

Defendant

Procedural Posture

Injunction (pre Action, Without Notice) / Interim Application for Urgent Injunctive Relief Prior to Claim Form Issuance

Legal Issues

  1. 1 Whether interim injunctive relief should be granted against persons unknown for breach of confidence following a cyberattack
  2. 2 Whether the hearing should be held in private and without notice
  3. 3 Whether derogation from open justice is justified

Ratio Decidendi

Interim injunctive relief was granted because there was strong evidence of a serious issue to be tried (breach of confidence by cyberattack and blackmail), damages would be inadequate, the balance of convenience overwhelmingly favoured relief, and the orders sought (including anti-hacking, delivery up, and unmasking) were reasonable and proportionate. The hearing was properly held in private and without notice due to the risk of defeating the object of the application and further harm. Service out of the jurisdiction and by alternative means was justified given the circumstances.

Court Disposition

Interim injunction and ancillary orders granted as sought by the Claimant.

Orders

  • Defendants restrained from using, publishing, communicating, or disclosing the exfiltrated information.
  • Defendants ordered not to attempt further access to the Trust’s IT systems.