Bains & Ors v Moore & Ors

Bains & Ors v Moore & Ors

Claimants are entitled to delivery up only of documents arguably confidential or private to them, as offered by defendants; claimants are not likely to succeed at trial in respect of information not subject to a duty of confidentiality owed specifically to them; wider relief and delivery up of third-party information is refused.

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 and Joinder
Outcome
Application for delivery up order succeeds only to extent of defendants' consent; permission granted to join one additional claimant; claimants released from undertaking for limited purpose.
Legal Topics
Interim Mandatory Injunction, Title to Sue, Delivery Up, Misuse of Private Information, Data Protection Act 1998, Freedom of Expression, Joinder of Parties
Breach of Confidence Privacy Data Protection Human Rights Interim Mandatory Injunction Title to Sue Delivery Up Misuse of Private Information +3 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 Delivery Up and Joinder

Legal Issues

  1. 1 Whether claimants are entitled to delivery up of confidential information from defendants
  2. 2 Whether claimants have title to sue for information confidential to third parties
  3. 3 Scope of mandatory interim injunction for delivery up

Ratio Decidendi

Claimants are entitled to delivery up only of documents arguably confidential or private to them, as offered by defendants; claimants are not likely to succeed at trial in respect of information not subject to a duty of confidentiality owed specifically to them; wider relief and delivery up of third-party information is refused.

Court Disposition

Application for delivery up order succeeds only to extent of defendants' consent; permission granted to join one additional claimant; claimants released from undertaking for limited purpose.

Orders

  • Second and Third Defendants to deliver up documents arguably confidential or private to claimants as previously offered.
  • Claimants released from undertaking to allow solicitors to show disclosed documents to proposed new claimants for purpose of formulating claims.