Advertising Standards Authority Ltd v Mitchell [2019] EWHC 1527 (QB) (14 June 2019)

Advertising Standards Authority Ltd v Mitchell [2019] EWHC 1527 (QB) (14 June 2019)

The claimant is likely to succeed at trial in establishing that the defendant is under a duty of confidence in respect of the mistakenly sent confidential information, and there is sufficient evidence of a risk of wrongful use or disclosure. The injunction should be continued until trial or further order.

Citation
[2019] EWHC 1527
Parties
Claimant: Advertising Standards Authority Limited; Defendant: Robert Neil Whyte Mitchell
Jurisdiction
England and Wales
Judgment Date
14 June 2019
Procedural Posture
Injunction Application (interim Relief) / Continuation of Interim Injunction Pending Trial
Outcome
Injunction continued until trial or further order; further compliance ordered.
Legal Topics
Interim Injunctions, Misuse of Confidential Information, Jurisdiction, Service by Email
Civil Procedure Confidentiality Media Law Interim Injunctions Misuse of Confidential Information Jurisdiction Service by Email

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Parties

Advertising Standards Authority Limited

Claimant

Robert Neil Whyte Mitchell

Defendant

Procedural Posture

Injunction Application (interim Relief) / Continuation of Interim Injunction Pending Trial

Legal Issues

  1. 1 Whether the defendant should be restrained from using, disclosing, or communicating confidential information mistakenly sent to him
  2. 2 Whether the claimant is likely to succeed at trial in establishing a duty of confidence
  3. 3 Whether the court has jurisdiction over the defendant

Ratio Decidendi

The claimant is likely to succeed at trial in establishing that the defendant is under a duty of confidence in respect of the mistakenly sent confidential information, and there is sufficient evidence of a risk of wrongful use or disclosure. The injunction should be continued until trial or further order.

Court Disposition

Injunction continued until trial or further order; further compliance ordered.

Orders

  • The interim injunction restraining the defendant from using, disclosing, or communicating the confidential information is continued.
  • The defendant is ordered to comply fully and forthwith with paragraphs 5 and 6 of the Order of 7 June 2019 regarding disclosure and witness statement.