Confidential information is often one of a business’s most valuable assets. When it is misused, disclosed, or stolen, the financial and reputational damage can be significant. Whether the issue arises from a departing employee, a former business partner, or an external third party, swift and decisive action is essential.
A breach of confidence occurs when confidential information is disclosed or used without permission in circumstances where there was an obligation to keep it confidential.
Theft or misappropriation of confidential information typically involves the unauthorised taking, copying, downloading, or removal of proprietary data.
What should you do if you encounter such a situation?
If you suspect confidential information has been misused or stolen, acting quickly is critical.
You should:
- Preserve evidence immediately (IT logs, emails, device access records)
- Restrict further access to sensitive systems and data
- Avoid alerting the suspected individual prematurely
- Conduct a discreet internal investigation
- Seek legal advice at the earliest opportunity.
Delays can increase the risk of further dissemination, reputational damage, and evidential complications.
In urgent situations, immediate court intervention may be necessary to prevent further misuse or disclosure of confidential information.
What are your legal options?
The appropriate legal strategy depends on the facts, the urgency, and the commercial objectives involved. Options may include:
Injunctive relief – an urgent court order can:
- Prevent further use or disclosure
- Require the return or destruction of confidential materials
- Restrict contact with clients or suppliers
- Freeze assets in appropriate cases
- A search order may be an option in deliberate theft cases
In serious matters, the court may grant relief without notice to the other party.
- Delivery up and preservation orders – the court may order the return of confidential documents and data, forensic inspection of devices and/or the preservation of electronic evidence
- Damages or account of profits – you may be entitled to financial compensation for losses suffered and/or an account of profits made through misuse of your information
- Claims against third parties – if confidential information has been shared with competitors or other third parties, claims may also be brought against them if they knew, or ought to have known, that the information was improperly obtained.
- Criminal remedies –in certain cases involving fraud, hacking, or deliberate theft, referral to law enforcement may be appropriate.
How can we help?
We have considerable experience advising businesses on protecting confidential information and responding decisively when breaches occur.
Our services include:
- Rapid response and emergency injunction applications
- Strategic advice on risk management and containment
- Conducting legally robust investigations
- Coordinating with forensic IT and/or accountancy specialists
- Instructing specialist barristers to prepare court documents
- Corresponding with the defendant at the appropriate stage.
We understand that these matters are often urgent and commercially sensitive. Our approach is focused, strategic, and designed to protect your position while minimising disruption to your business.
If you are facing a suspected breach of confidence or theft of confidential information, early legal advice can make a decisive difference. Contact our team for confidential and practical guidance.
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