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 is entitled to prohibitory and mandatory injunctions because the Defendant has unlawfully obtained confidential information and is threatening blackmail. Damages are inadequate, and there is no legitimate public interest in publication. The court may withhold confidential evidence from the Defendant until identification and authorise alternative service via the website used for communication.

Citation
[2022] EWHC 808 (QB)
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 Injunction / Without Notice, Urgent Hearing, Interim Relief
Outcome
Interim prohibitory and mandatory injunctions granted without notice against persons unknown.
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 Injunction / Without Notice, Urgent Hearing, Interim Relief

Legal Issues

  1. 1 Whether the Claimant is entitled to an interim non-disclosure and mandatory injunction against persons unknown following a cyber-attack and blackmail
  2. 2 Whether the hearing should be held in private
  3. 3 Whether the Claimant can withhold confidential evidence from the Defendant until identification

Ratio Decidendi

The Claimant is entitled to prohibitory and mandatory injunctions because the Defendant has unlawfully obtained confidential information and is threatening blackmail. Damages are inadequate, and there is no legitimate public interest in publication. The court may withhold confidential evidence from the Defendant until identification and authorise alternative service via the website used for communication.

Court Disposition

Interim prohibitory and mandatory injunctions granted without notice against persons unknown.

Orders

  • Defendant prohibited from publishing, disclosing, or using confidential information.
  • Defendant required to deliver up, delete, and/or destroy stolen information.