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5RB - Leading barristers' chambers specialising in all areas of Media & Communications Law

Breach of Confidence

Breach of confidence is concerned with the unauthorised disclosure of, or threat to disclose, confidential material. 5RB barristers are experienced and skilled in providing urgent advice to clients in respect of confidential information that has been or is about to be disclosed.

Claims of breach of confidence typically involve the disclosure of trade secrets or commercially sensitive information by former or departing employees, or of confidential information by ex-partners in a relationship that has broken down.

This area of law has recently evolved to protect victims of ransomware attacks, where anonymous bad actors threaten to publish stolen confidential digital information, unless the victim pays them a sum of money by way of a ransom.

Recent claims in which 5RB barristers have secured injunctions following ransomware attacks include:

  • ZAB v Persons Unknown [2026] EWHC 669 (KB): A data breach injunction in which anonymity was granted to the claimant company following the disclosure online of some of the stolen data, which included sensitive personal data, and threats of blackmail.
  • Armstrong Watson LLP v Person(s) Unknown [2023] EWHC 762 KB: A data breach injunction brought by a company facing threats of blackmail.
  • Ince Group Plc v Persons Unknown [2022] EWHC 808 (QB): Following a ransomware attack, a law firm was granted a data breach injunction following threats of blackmail.

While threat actors – those seeking to extract ransom – might not comply with an injunction, these orders can be used to persuade the third-party hosts of the websites where stolen information has been or will be published to block publication or take down the offending material.

The law on breach of confidence has survived the introduction of the tort of misuse of private information, and 5RB barristers regularly advise both on standalone cases involving breach of confidence and on claims brought alongside other causes of action.

For more information

For more information please get in touch with our clerking team, who can deal with your enquiry and provide any required information:

  clerks@5rb.com
  +44 (0)20 7242 2902
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