Jurisdiction(s):
United Kingdom

Key definition

Breach of Confidence definition

What does Breach of Confidence mean? A breach of confidence claim is used to stop or remedy the unauthorised use or disclosure of confidential information (for example, trade secrets, client lists, pricing, or sensitive business plans). It is a judge-made (equitable/common law) cause of action developed in case law. The core elements are that: the information has the necessary quality of confidence; it was obtained or communicated in circumstances importing an obligation of confidence (such as under an NDA or in employment); and it has been, or is threatened to be, used or disclosed without authority (often expressed as a three‑part test). Defences include public...

Breach of confidence pre-action letter of claim with schedule of undertakings (England and Wales)

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Precedents

[ Insert name and address of recipient ]

Dear [ insert organisation name ],

[ Name of client ] and confidential information

We act for [ insert name of client ] of [ address ]. We write regarding the unlawful disclosure [ and unauthorised use ] of our client’s confidential information. This correspondence is issued pursuant to the [ Practice Direction pre-action Conduct and Protocols under the civil procedure rules OR Pre-action Protocol for Media and Communications Claims ].
Our client trades in [ describe client’s business and any other background information ]. They hold highly sensitive commercial material, including [ [ identify the confidential information ] OR [ identify the categories of confidential information ] ] (the Confidential Information).
The Confidential Information was provided to [ you OR [ name of individual ] ] on [ provide details about the disclosure—eg date, location ] (the Disclosure)...

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Web page updated on 22/05/2026

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