I-Admin (Singapore) Pte Ltd v Hong Ying Ting
[2020] SGCA 32
(a)
What interests are sought to be protected by the cause of action?
(b)
What is the nature of the threat to these interests?
(c)
What are the remedies that ought to be made available where the
relevant interests have been infringed?
The protected interests
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The answer to the first question can be gleaned from the history of the
law of confidence. Early English jurisprudence reveals a longstanding tradition
of protecting confidential information. By the early 19th century, confidentiality
was safeguarded through a range of doctrines in contract and criminal law as
well as the law of inheritance, common law copyright, patent law and the law
of evidence (Tanya Aplin et al, Gurry on Breach of Confidence (Oxford
University Press, 2nd Ed, 2012)) (“Breach of Confidence”) at para [2.01]).
However, confidentiality was not, of itself, a basis for legal protection but only
an indirectly protected interest (see Lord and Lady Perceval v Phipps (1813) 35
ER 225 at 229; Gee v Pritchard (1818) 36 ER 670 at 678).
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Prince Albert v Strange (1849) 41 ER 1171 (“Prince Albert”) is widely
regarded as one of the earliest cases that recognised the existence of an
independent action for breach of confidence. Prince Albert sought injunctive
relief to prevent the exhibition and publication of a catalogue that described
etchings by himself and Queen Victoria. This was granted ex parte and the
defendants failed in their attempts to have the injunction lifted. At first instance,
Knight-Bruce VC grounded his reasoning in the common law protection of
“property” (Prince Albert v Strange and others (1849) 64 ER 293 at 311). The
unpublished etchings, being the “produce of labour”, were a kind of property
and the common law “provided for their security, at least before general
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