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 an interim mandatory injunction for delivery up and deletion of information beyond what the defendants have consented to, as the claimants have not established a sufficient likelihood of success at trial regarding information not confidential to them. The law on title to sue for third-party confidential information should not be extended in interlocutory proceedings without proper pleadings. The claimants have sufficient information to plead their case, and the order for delivery up is limited to the scope offered by the defendants.

Citation
[2017] EWHC 242 (QB)
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 Interim Mandatory Injunction and Joinder of Claimants
Outcome
Application for delivery up order granted only to the extent consented to by the Second and Third Defendants; permission granted to join Mr Furuya as claimant; applications of Mr Paek and Mr Flanagan adjourned; claimants released from undertaking to allow disclosure to proposed new claimants for limited purpose.
Legal Topics
Breach of Confidence, Misuse of Private Information, Data Protection Act 1998, Interim Injunctions, Title to Sue, Joinder of Parties
Civil Procedure Privacy Law Data Protection Equity Breach of Confidence Misuse of Private Information Data Protection Act 1998 Interim Injunctions +2 more

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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 Interim Mandatory Injunction and Joinder of Claimants

Legal Issues

  1. 1 Whether the claimants are entitled to an interim mandatory injunction for delivery up and deletion 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 an interim mandatory injunction for delivery up and deletion of information beyond what the defendants have consented to, as the claimants have not established a sufficient likelihood of success at trial regarding information not confidential to them. The law on title to sue for third-party confidential information should not be extended in interlocutory proceedings without proper pleadings. The claimants have sufficient information to plead their case, and the order for delivery up is limited to the scope offered by the defendants.

Court Disposition

Application for delivery up order granted only to the extent consented to by the Second and Third Defendants; permission granted to join Mr Furuya as claimant; applications of Mr Paek and Mr Flanagan adjourned; claimants released from undertaking to allow disclosure to proposed new claimants for limited purpose.

Orders

  • Delivery up of documents by Second and Third Defendants limited to information relating to the claimants and arguably confidential or private information as consented to by defendants.
  • Claimants released from undertaking to permit solicitors to show disclosed documents to proposed new claimants for purpose of formulating claims.