I-Admin (Singapore) Pte Ltd v Hong Ying Ting [2020] SGCA 32 confidential information suggests the need for stronger measures to protect owners from loss. An undue focus on the wrongful gain interest to the exclusion or diminution of the wrongful loss interest, under the current law of confidence, would mean that those measures are lacking. Availability of remedies 56 A final consideration relates to the adequacy of remedies in situations where the wrongful loss interest has been infringed. The law relating to breach of confidence encompasses a wide range of factual situations and this has produced a “formidable armoury” of remedies which includes “injunctions and delivery up, as well as monetary remedies, whether termed equitable compensation or damages” (Breach of Confidence at para [17.01]). 57 Unfortunately, plaintiffs who have only suffered a violation of their wrongful loss interest may not always avail of these remedies and might find themselves with limited alternatives. This is then compounded by the fact that the wrongful loss suffered, meaning the dissipation of the confidential character of the information, does not always immediately translate into monetary terms or quantifiable detriment. The owner of the compromised information may know he has suffered loss but may only be able to speculate as to how, for example, this will negatively affect his business or future operations. This means that even a simple claim for damages will not necessarily succeed. It is clear that there can be significant obstacles in the way of plaintiffs seeking to vindicate their wrongful loss interest, independently of their wrongful gain interest. 27

اختر الفقرة المستهدفة3

الاتصال بفقرة
Connect to an entity
Disable highlights
أضف إلى جدول المحتويات