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Jurisdictional gateways for service out in breach of confidence and misuse of private information: CPR PD 6B 3.1(21)–(23) (England and Wales) — scope, interpretation and key cases

Practice notes
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This Practice Note examines the jurisdictional service gateways, or bases for service, in CPR PD 6B, paras 3.1(21)–3.1(23), which address claims concerning breach of confidence and misuse of information. It outlines the gateways and offers observations on how the courts have interpreted, or may interpret, them. This Practice Note should be read alongside Practice Note: Cross-border service—jurisdictional gateways (principles). For guidance on the substantive claim to safeguard confidential material, see: Protecting confidential information—overview. Where the requirements of gateway 21 are satisfied and an additional claim is pursued against the same defendant arising from the same, or closely connected, facts, that additional claim may come within gateway 4B. For further guidance, see Practice Note: Cross-border service—jurisdictional gateways 1, 1A, 2, 4 and 4A (general grounds), in particular the main section: Gateway 4A—further claim arises out of the same or closely related facts...

Claims for breach of confidence or misuse of private information—gateway 21

Gateway 21 (CPR PD 6B, para 3.1(21)) provides: ‘Claims for breach of confidence or misuse of private information (21) A claim is made for breach of confidence or misuse of confidential information where—’...

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