Short answer
Prepare the NDA or confidentiality clauses, description of the information, access records, suspected disclosure evidence, urgency reasons, loss or risk material, preservation steps and any injunction or claim deadline.
Quick checklist
Start with these
Define The Information And Obligation
Identify the information said to be confidential or a trade secret. Avoid vague labels such as business information without explaining the documents, data, know-how or customer material involved.
Add the contract, NDA, employment covenant, board agreement or other document that creates or records the confidentiality obligation.
- NDA, confidentiality clause, employment contract or service agreement.
- Description of the information and why it was treated as confidential.
- Access logs, user permissions, board packs or data-room records.
- Policies, marking, password controls or other protection measures.
- Timeline showing when the information was created, shared and misused.
Evidence The Disclosure, Risk And Urgency
The enquiry should separate suspicion from evidence. Put screenshots, downloads, emails, competitor material, customer contact, public posts or admissions in date order.
If an injunction or preservation order is being considered, flag urgency, notice, undertakings and any risk of tipping off. A quote request does not start proceedings or protect limitation.
- Screenshots, emails, file-transfer records or platform logs.
- Customer, supplier or competitor evidence of use or disclosure.
- Cease-and-desist, takedown, preservation or investigation correspondence.
- Evidence of commercial loss, contract risk or continuing disclosure.
- Claim, injunction, limitation, board or transaction deadlines.
Scope The Commercial Advice
A barrister may be asked to assess merits, draft urgent correspondence, advise on injunction evidence, settle pleadings or represent at a hearing. Some matters need solicitor support for disclosure, forensic preservation, service and ongoing conduct.
This guide is general information only and does not decide whether information is confidential or whether trade secret remedies apply.
Source note: source-checked against GOV.UK intellectual property guidance, Civil Procedure Rules Part 25 and the Trade Secrets (Enforcement, etc.) Regulations 2018 on 29 September 2026. Confidentiality, trade-secret status, employee duties, whistleblowing/public-interest issues, without-notice duties, undertakings and remedies need specialist commercial review before publication.
Claim and official-source ledger
- Civil Procedure Rules Part 25 sets out interim remedies, including interim injunctions and evidence requirements for some urgent applications.
- Part 25 - Interim Remedies and Security for Costs — Civil Procedure Rules / Justice UK; checked .
- GOV.UK intellectual property guidance explains that protecting trade secrets involves keeping information confidential and using non-disclosure agreements, and that unauthorised disclosure may be a breach of confidence.
- IP Basics — GOV.UK / Intellectual Property Office; checked .
Editorial status: Review required. Sources support the identified claims only. General information; not legal advice.
Commercial Breach Of Confidence Barrister Evidence Guide FAQs
Can a barrister help with a breach of confidence issue?
A commercial barrister may advise on confidentiality terms, trade secret evidence, urgent injunctions, pleadings, settlement or hearing preparation where the task is suitable.
What evidence matters most?
Send the confidential information description, contract or NDA, access trail, disclosure evidence, takedown or preservation steps, loss evidence and urgent dates.
Does this guide say an injunction is available?
No. Injunctions and confidentiality remedies are fact-sensitive and depend on evidence, procedure and the court's assessment.
Ask For A Barrister Quote
Barristers4U helps clients request a quote from a suitable Direct Access barrister. The information on this page is general information only, not legal advice about your individual circumstances.
If your matter is urgent, include hearing dates, court deadlines, orders and any documents you already have when you submit your enquiry.
