The Bank of London Group Limited v Simmons & Simmons LLP

The Bank of London Group Limited v Simmons & Simmons LLP

The claimant failed to establish that the confidential information in the defendant's possession was relevant to the passing-off claim or that there was a real risk of its disclosure to BLME. Effective information barriers were established by the defendant, and no challenge was made to the integrity of the solicitors involved. Accordingly, the application for an injunction was dismissed.

Parties
Claimant: The Bank of London Group Limited; Defendant: Simmons & Simmons LLP
Jurisdiction
England and Wales
Judgment Date
20 October 2022
Procedural Posture
Civil (commercial) / Judgment After Hearing Treated as Trial of Action
Outcome
Claim dismissed (Injunction Application refused); other applications determined as set out below.
Legal Topics
Solicitor Client Confidentiality, Injunctions, Information Barriers, Costs Orders, Passing Off
Confidentiality Professional Conduct Civil Procedure Solicitor Client Confidentiality Injunctions Information Barriers Costs Orders Passing Off

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Parties

The Bank of London Group Limited

Claimant

Simmons & Simmons LLP

Defendant

Procedural Posture

Civil (commercial) / Judgment After Hearing Treated as Trial of Action

Legal Issues

  1. 1 Whether the defendant is in possession of confidential information of the claimant
  2. 2 Whether the confidential information is relevant to the passing-off claim
  3. 3 Whether there is a real risk of disclosure of confidential information to BLME

Ratio Decidendi

The claimant failed to establish that the confidential information in the defendant's possession was relevant to the passing-off claim or that there was a real risk of its disclosure to BLME. Effective information barriers were established by the defendant, and no challenge was made to the integrity of the solicitors involved. Accordingly, the application for an injunction was dismissed.

Court Disposition

Claim dismissed (Injunction Application refused); other applications determined as set out below.

Orders

  • Injunction Application dismissed.
  • Defendant released from undertaking regarding acting for BLME; undertaking regarding non-disclosure continues pending determination.