CMI-Centers for Medical Innovation GmbH v Phytopharm plc

To succeed in a breach of confidence claim a claimant must address at least four matters - (i) clearly identify the information relied on, (ii) show it was imparted in circumstances importing an obligation of confidence, (iii) show it was of a kind capable of being treated as confidential, and (iv) show it was used or threatened to be used without licence; at the interlocutory stage the claimant need not prove (ii) and (iv) but must address them and show a seriously arguable case on each.