IG Index Plc v Cloete: QBD 11 Dec 2013

The defendant applied to have struck out the claim, saying that it was based upon a misuse of documents disclosed during an employment tribunal case, and was an abuse since the claimants had not sought the permission of the Tribunal for a second use of disclosed information. The defendant said that the information had been disclosed to the Information Commissioner.

Tugendhat J
[2013] EWHC 3789 (QB)
Civil Procedure Rules 31.22(1)
England and Wales
CitedCrest Homes Plc v Marks HL 1987
The plaintiffs brought two successive actions against the same defendants (Mr Marks and Wiseoak Homes Ltd) for breach of copyright. They obtained Anton Piller orders in both actions. The documents which the plaintiffs obtained from the defendants in . .
CitedMcBride v The Body Shop International Plc QBD 10-Jul-2007
The claimant sought damages for libel in an internal email written by her manager, accusing her of being a compulsive liar. The email had not been disclosed save in Employment Tribunal proceedings, and the claimant sought permission to use the email . .
CitedSybron Corporation v Barclays Bank plc ChD 1985
Scott J said as regards the undertakings implied on giving discovery of documents during litigation that they applied not merely to the documents discovered themselves but also to information derived from those documents whether it be embodied in a . .

Cited by:
Appeal fromIG Index Ltd v Cloete CA 31-Jul-2014
In the course of unfair dismissal proceedings, the defendant had disclosed possession of confidential materials of his former employer. The employer began these proceedings based on the materials. Only at a later point when he appointed solicitors . .
See AlsoIG Index Ltd v Cloete QBD 21-Dec-2015
Application by the defendant to strike out the claim pursuant to CPR 3.4(2)(b) on the grounds that the proceedings amount to pointless and wasteful litigation, the continuation of which to trial serves no useful purpose for the claimant, squanders . .
See AlsoIG Index Ltd v Cloete QBD 16-Sep-2016
Order for costs after decision that the action should not be allowed to go to trial. . .

Lists of cited by and citing cases may be incomplete.

Information, Litigation Practice

Updated: 20 January 2022; Ref: scu.518918