JC Bamford Excavators Limited v Manitou UK Limited & Anor [2023] EWCA Civ 840
Court of Appeal decision on the publication of the Defendant’s confidential information and trade secrets in a judgment. The Court held that:
- the information in question (recorded in the first instance judgment and various other documents) has relative confidentiality, even though it could be deduced by someone with access to the public machines, because possession of the documents provides a ‘short cut’; and
- where it is necessary to protect trade secrets, open justice must give way to a still greater principle, which is justice itself.
The Defendants, Manitou, were granted an enduring 31.22(2) order in respect of its confidential information (constituting technical trade secrets).
Michael Silverleaf KC acted for the Claimant, JCB.
Brian Nicholson KC and Kyra Nezami acted for the Defendants, Manitou.