The Ince Group Plc v Person(s) Unknown [2022] EWHC 808 (QB) (01 April 2022)

The Ince Group Plc v Person(s) Unknown [2022] EWHC 808 (QB) (01 April 2022)

The Claimant established a clear case of breach of confidence and blackmail, with confidential information unlawfully obtained and threatened with publication for ransom. Damages would not be adequate. Both prohibitory and mandatory injunctions are justified, and procedural modifications are warranted due to the Defendant's anonymity and risk of misuse of evidence.

Citation
[2022] EWHC 808
Parties
Claimant: The Ince Group PLC; Defendant: Person(s) Unknown
Jurisdiction
England and Wales
Judgment Date
01 April 2022
Procedural Posture
Interim Application for Non Disclosure Order / Without Notice, Urgent Hearing, Interim Relief
Outcome
Interim prohibitory and mandatory injunctions granted; procedural modifications approved.
Legal Topics
Interim Injunctions, Mandatory Injunctions, Breach of Confidence, Ransomware, Alternative Service, Open Justice, Freedom of Expression
Confidentiality Cybercrime Injunctions Human Rights Interim Injunctions Mandatory Injunctions Breach of Confidence Ransomware +3 more

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Parties

The Ince Group PLC

Claimant

Person(s) Unknown

Defendant

Procedural Posture

Interim Application for Non Disclosure Order / Without Notice, Urgent Hearing, Interim Relief

Legal Issues

  1. 1 Whether the Claimant is entitled to an interim non-disclosure order against persons unknown following a cyber-attack and blackmail
  2. 2 Whether mandatory relief requiring delivery up, deletion, or destruction of stolen confidential information should be granted
  3. 3 Whether modifications to standard procedural orders are justified given the Defendant's anonymity and criminal conduct

Ratio Decidendi

The Claimant established a clear case of breach of confidence and blackmail, with confidential information unlawfully obtained and threatened with publication for ransom. Damages would not be adequate. Both prohibitory and mandatory injunctions are justified, and procedural modifications are warranted due to the Defendant's anonymity and risk of misuse of evidence.

Court Disposition

Interim prohibitory and mandatory injunctions granted; procedural modifications approved.

Orders

  • Prohibitory injunction restraining publication of confidential information
  • Mandatory injunction requiring delivery up, deletion, or destruction of stolen information