England and Wales Case Law

Ping Fai Yuen v Fun Yung Li & Anor

Claims in conversion are struck out as English law does not permit conversion of intangible property such as Bitcoin; trespass to goods is not struck out at this stage pending possible amendment; security for costs is refused due to overwhelming evidence, assets within jurisdiction, and unreliable cost estimates; substituted service is granted for Second Defendant.

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• Digital assets
• Conversion
• Trespass to goods
• Unjust enrichment
• Breach of confidence
• Misuse of private information

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Cynthia Nkiruka Tooley v Associated Newspapers Ltd

The application was dismissed because the claimant failed to establish that Guardian News & Media Ltd was mixed up in, or facilitated, the alleged wrongdoing. The Guardian was merely a recipient of information and did not publish or otherwise participate in the wrongdoing. As the third condition for a Norwich Pharmacal order was not met, the court's discretion did not arise.

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• Norwich pharmacal orders
• Journalistic source protection
• Breach of confidence
• Misuse of private information

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Del Bosque Limited v Amir Shafie & Ors

DBL succeeded in claims against Mr Shafie for directors’ duties breaches and data extraction, and partly succeeded on dishonest assistance against others. Relief under section 1157 was refused.

• Directors’ duties
• Section 177 disclosure of interest
• Section 1157 relief
• Dishonest assistance
• Unlawful means conspiracy
• Breach of confidence

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Lee Feldman & Anor v Gambling Commission

The High Court dismissed claims that a 2023 RNS and a 2024 statement misused private information or breached confidence in a Gambling Commission regulatory context.

• Misuse of private information
• Breach of confidence
• Publicity code
• Regulatory investigations
• Section 116 review
• Damages

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Trayport Limited v E-Star Trading GmbH & Ors

Permission to serve out is set aside for most claims due to failure to meet the merits test, inadequate pleading, lack of evidence of acts within the UK, and material non-disclosure. However, permission is re-granted for (1) the NDA claim against Exxeta, (2) breach of equitable duties of confidence by the corporate Defendants, and (3) the Trade Marks Act claim against E-Star, as these claims meet the merits test and England is the appropriate forum for them. The Copying Case, most statutory IP claims, and claims against Mr Schmid fail the merits test. Material non-disclosure occurred but is r…

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• Copyright infringement
• Database rights
• Breach of confidence
• Trade secrets
• Breach of contract
• Jurisdiction and service out

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Titan Wealth Services Ltd & Anor v Tavistock Investments PLC & Ors

Titan Wealth Services Ltd & Anor v Tavistock Investments PLC & Ors [2026] EWCA Civ 500 (24 April 2026)

The Court of Appeal held that a proposed breach of confidence counterclaim was too broad, incoherent and under-particularised, so the amendment should not have been allowed.

• Breach of confidence
• Copyright infringement
• Particularisation of pleadings
• Share purchase agreement
• Outsourced management agreement
• Breach-of-confidence

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Titan Wealth Services Limited & Anor v Tavistock Investments PLC & Ors

The Court of Appeal allowed an appeal against permission to amend a defence and counterclaim for breach of confidence, holding the pleading incoherent and insufficiently particularised.

• Breach of confidence
• Copyright infringement
• Pleading particularity
• Amendment of pleadings
• Trade secrets
• Breach-of-confidence

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Cynthia Nkiruka Tooley MBE v Times Media Limited

The essential purpose of the interim injunction application was to protect the claimant's reputation, so the defamation rule applied. The claimant failed to show the statements were unarguably defamatory or that there were no grounds for a defence. The Norwich Pharmacal order was refused because the claimant had not established necessity, having not taken reasonable steps to confirm the source, and the strong protection of journalistic sources should not be overridden.

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• Interim injunctions
• Norwich pharmacal orders
• Misuse of private information
• Breach of confidence
• Defamation
• Malicious falsehood

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Tooley v Times Media Ltd

Tooley v Times Media Ltd [2026] EWHC 675 (KB) (23 March 2026)

The High Court refused an interim injunction and a Norwich Pharmacal order in a media dispute, holding the applications were driven by reputational harm and lacking necessity.

• Interim injunctions
• Norwich pharmacal orders
• Misuse of private information
• Breach of confidence
• Defamation
• Malicious falsehood

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ZAB v Persons Unknown

The High Court continued an interim injunction over exfiltrated confidential data, upheld claimant anonymity, and validated alternative email service.

• Ransomware
• Breach of confidence
• Anonymity orders
• Alternative service
• Interim injunctions
• Open justice

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