Breach of Confidence Actions in Singapore – Where Are We Now After I-Admin (Singapore) Pte Ltd v Hong Ying Ting [2020] 1 SLR 1130?
Jon Chan Wenqiang
[2024] SAL Prac 24
Abstract:
The law on breach of confidence in Singapore has seen significant developments in recent years. The landmark Court of Appeal decision of I-Admin (Singapore) Pte Ltd v Hong Ying Ting [2020] 1 SLR 1130 modified the well-established test for a breach of confidence claim by placing the burden of proof on a defendant to show that his conscience is unaffected after it has been established that the confidential information in question has been imparted or received in circumstances importing an obligation of confidence. The scope and application of this modified test has since been the subject of important clarifications in subsequent decisions of the Court of Appeal. This article reviews the current state of the law on breach of confidence and proposes a framework to assist in understanding and framing breach of confidence claims.