The recent case of DSM SFG Group Holdings Ltd v Kelly confirms that a party will not be able to rely upon confidential and covertly obtained information, prior to that party having established the legal right to use the same. It also serves as a useful reminder of the principles to be applied when considering whether or not to allow a party to vary undertakings previously given—in the absence of a material change in circumstances since the original undertakings were given, the alterations will ordinarily be refused.

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CA 1389 – DSM SFG Group Holdings Ltd and other companies v Kelly [2019] EWCA Civ 2256

This article was first published by Lexis®PSL on 06/01/2020