High Court Injunction Secured to Protect Confidential Information and Company Property
When confidential information is misused, or there is a real risk that it will be, speed matters. Acting quickly can be the difference between containing the damage and losing control altogether.
In a recent High Court injunction matter, Senior Associate Grace Jenkins successfully secured urgent injunctive relief to protect a client’s confidential information and recover company property following the dismissal of a former employee.
What is a High Court injunction?
A High Court injunction is a court order designed to restrain certain actions, or require specific steps to be taken, where immediate protection is needed to prevent serious harm. In the confidential information context, injunctions are commonly sought to prevent the use, disclosure, copying, or dissemination of trade secrets and other highly confidential business data, and to compel the return of company property (including devices and documents).
The court applies established principles when considering interim relief, including:
Whether there is a serious issue to be tried: a plausible claim for breach of confidence or unlawful use/disclosure of trade secrets.
Whether damages would be an adequate remedy (often they are not where information could be rapidly disseminated).
The balance of convenience and the “least risk of injustice” test.
Proportionality and precision: the order must clearly identify the information and the prohibited acts.
Acting fast with an urgent High Court injunction without notice
Our client operates a large recruitment business. Following the termination of an employee, serious concerns arose that confidential company information was being misused and disclosed without authority.
Given the urgency of the situation, and the risk that advance warning would worsen the harm, Grace applied to the High Court for a without notice (ex parte) injunction. These applications are intentionally difficult to obtain and require clear evidence, careful preparation and absolute candour with the court.
The High Court granted the application, making an immediate injunction without notice to the former employee. This included a delivery up order requiring the return of company property, such as devices and materials belonging to the business.
Securing a final injunction at the return hearing
Without notice injunctions are temporary by design. They are followed by a return hearing where the court considers the position again. At that stage, the court will scrutinise:
Whether the information remains confidential and has the necessary quality of confidence
The ongoing risk of misuse and whether damages are an adequate remedy.
The precision and proportionality of the draft order.
Compliance with full and frank disclosure.
At the return hearing in our case, we persuaded the High Court to continue the injunction on a final basis. The court ordered that the defendant must not use, disclose or publish any confidential or personal information relating to the business, its operations or its workforce. The order also confirmed the obligation to return company property and remains in force until further order of the court. In practical terms, this gives the client long‑term protection unless the defendant applies back to court and succeeds in varying or discharging the order.
Enforcement and consequences of breach
Breach of an injunction or of undertakings to the court may be enforced by committal for contempt, or other sanctions
Why a High Court injunction matters for your business
If you are worried about confidential information being shared, copied or exploited, a High Court injunction can be a powerful tool. It allows you to act quickly, draw a clear legal line and prevent further damage before it becomes unmanageable.
Without notice injunctions are particularly effective where there is a real risk that warning the other party would lead to evidence being destroyed, data being disseminated or assets being hidden. However, they require specialist expertise and a strong evidential foundation
Practical steps to improve your prospects
Maintain and enforce well-drafted confidentiality, IP and return-of-property clauses in employment and consultancy agreements.
Label and segregate trade secrets; implement access controls and audit logs.
On departure, conduct prompt offboarding: revoke access, collect devices, and require deletion/confirmation of return.
Preserve evidence early: disable auto‑deletion, take forensic images, and record timelines.
Act swiftly if concerns arise: delay can undermine the adequacy of injunctive relief
Prepare focused evidence: identify the exact categories of information, how they are confidential, and the specific risk of misuse.
How we can help
Our litigation team regularly acts in urgent High Court matters, including High Court injunctions, delivery up and imaging orders, preservation and non‑dissemination relief, and related claims for breach of confidence, unlawful means, and misuse of trade secrets. If you believe confidential information is at risk, or company property is being withheld, early advice is critical.
If you need urgent support, or want to understand whether a High Court injunction is available to you, speak to our team. We will help you take control of the situation and protect what matters most to your business.
