Cases

White v Withers LLP & Ors (CA)

Held

Allowing the appeal (although dismissing any appeal against the strike out of the breach of confidence/misuse of private information claim since reading or use of documents in legal proceedings could not amount to ‘misuse’):

(1) By intercepting his post X had arguably interfered with MPW’s goods: MPW retained the right to legally possess the documents;

(2) If it could be demonstrated that W and D took possession of the documents from X with knowledge of her actions, their actions in taking the documents could also arguably amount to a trespass, and summary judgment was inappropriate as this was an evidential issue to be tried. Accordingly, MPW’s claim against W and D disclosed a good cause of action;

(3) The Hildebrand rules do not sanction the use of any force to obtain documents or the interception or retention of original documents.

Also