Bains & Ors v Moore & Ors [2017] EWHC 242 (QB) (15 February 2017)

Bains & Ors v Moore & Ors [2017] EWHC 242 (QB) (15 February 2017)

The claimants are not entitled to delivery up of information not confidential to them, as they lack title to sue for third-party information. The order for delivery up is limited to the scope consented to by the second and third defendants, covering only information arguably confidential or private to the claimants. The claimants have sufficient information to plead their case and must serve Particulars of Claim before seeking wider relief. Permission to join Mr Furuya as a claimant is granted; applications for Mr Paek and Mr Flanagan are adjourned.

Citation
[2017] EWHC 242
Parties
Claimant: Harminder Bains; Claimant: Laurie Kazan-Allen; Claimant: VNP; Defendant: Robert Moore; Defendant: K2 Intelligence Limited; Defendant: Matteo Bigazzi
Jurisdiction
England and Wales
Judgment Date
15 February 2017
Procedural Posture
Civil / Interlocutory Application for Delivery Up Order and Joinder of Claimants
Outcome
Application for delivery up order granted only to the extent consented by the second and third defendants; wider relief refused. Permission to join Mr Furuya as claimant granted; applications for Mr Paek and Mr Flanagan adjourned. Claimants released from undertaking to allow disclosure to proposed new claimants for...
Legal Topics
Breach of Confidence, Misuse of Private Information, Data Protection Act 1998, Interim Mandatory Injunction, Title to Sue, Delivery Up, Joinder of Parties
Civil Procedure Privacy Law Data Protection Equity Breach of Confidence Misuse of Private Information Data Protection Act 1998 Interim Mandatory Injunction +3 more

Case Brief

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Parties

Harminder Bains

Claimant

Laurie Kazan-Allen

Claimant

VNP

Claimant

Robert Moore

Defendant

K2 Intelligence Limited

Defendant

Matteo Bigazzi

Defendant

Procedural Posture

Civil / Interlocutory Application for Delivery Up Order and Joinder of Claimants

Legal Issues

  1. 1 Whether the claimants are entitled to an interim mandatory injunction for delivery up of confidential information prior to service of Particulars of Claim
  2. 2 Whether the claimants have title to sue for information confidential to third parties
  3. 3 Whether additional claimants should be joined

Ratio Decidendi

The claimants are not entitled to delivery up of information not confidential to them, as they lack title to sue for third-party information. The order for delivery up is limited to the scope consented to by the second and third defendants, covering only information arguably confidential or private to the claimants. The claimants have sufficient information to plead their case and must serve Particulars of Claim before seeking wider relief. Permission to join Mr Furuya as a claimant is granted; applications for Mr Paek and Mr Flanagan are adjourned.

Court Disposition

Application for delivery up order granted only to the extent consented by the second and third defendants; wider relief refused. Permission to join Mr Furuya as claimant granted; applications for Mr Paek and Mr Flanagan adjourned. Claimants released from undertaking to allow disclosure to proposed new claimants for...

Orders

  • Second and third defendants to deliver up documents relating to claimants that are arguably confidential or private or contain personal data about the claimants, as consented.
  • Claimants released from undertaking to allow their solicitors to show disclosed documents to Mr Furuya, Mr Paek, and Mr Flanagan for the purpose of formulating claims.