Jurisdiction(s):
United Kingdom

Public domain not engaged: High Court grants injunction; no waiver despite Employment Tribunal use of misappropriated documents (Payone GmbH v Logo [2024] EWHC 981 (KB))

Published on: 28 May 2024

Published by a LexisNexis Information Law expert

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Payone GmbH v Logo [2024] EWHC 981 (KB) What are the practical implications of this case?

This decision draws attention to the considerations a court will assess when deciding if material mentioned at a hearing should be treated as being in the public domain and no longer protected by duties of confidence or related restraints. In this matter, the judge held that the documents had not become public and continued to attract confidentiality; however, the court underlined that the assessment is inherently one of fact and degree. The judgment further recorded that, if information has entered the public sphere, the court will not stand in the way of circulation, since doing so would lack any legitimate purpose. Parties engaged in litigation should therefore keep this ruling in view when selecting which documents and information to mention in, and place within the court bundles for, hearings. They must carefully weigh the forensic value of including such material against the potential consequence for that party of giving up confidentiality. Parties should review what the other side chooses to disclose, and consider whether to object or to apply to limit such disclosure. In this case,...

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