- In brief: Delivery up of documents where there is a specific duty of confidence to claimants (Bains v Moore)
- Original news
- What should IP & IT lawyers take note of?
- What was this case about?
- What did the court decide?
IP & IT analysis: This judgment arose from an application to the High Court in the context of a claim for breach of confidence and/or misuse of private information and breach of the Data Protection Act 1998 (DPA 1998), in relation to the defendants’ infiltration of the claimants’ anti-asbestos campaigners’ network. The main issue before the court was an application for delivery up to be made before service of the particulars of claim. There was also an application for permission to add in four individuals as claimants. The second and third defendants had consented to one of the individuals being joined. The court ordered the second and third defendants to deliver up documents which were obtained or generated or created in the course of their relationship with the first defendant which referred to each of the claimants, and if and only if they were arguably confidential and/or private information and/or contained personal data about each of the claimants. It also granted permission for an additional claimant to be joined to the proceedings and permitted the claimants to disclose confidential information to other individuals for the purpose of assessing whether or not there was basis to join them to the action.
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