Fieldfisher Secures Landmark First Digital Newcomer Injunction for AQA

LONDON - European law firm Fieldfisher has successfully obtained a pioneering "newcomer injunction" on behalf of AQA Education, the UK's largest examination board, against persons unknown to curb the unlawful acquisition, sale, and distribution of confidential GCSE and A-Level examination materials.

This landmark injunction, led by Fieldfisher Partner Nathan Capone and Associate Esther Thomas, represented a first in protecting confidential information to prevent the pre-emptive distribution of exam papers on various online platforms.

Context of the legal action

In recent years, AQA has faced breaches of exam security, with individuals gaining unauthorised access to materials through social engineering methods, and distributing exam papers on social media, particularly Telegram.

Ahead of the 2024 summer exams, AQA obtained a quia timet injunction against 31 categories of "persons unknown" linked to these accounts, along with third-party disclosure orders to identify those involved. However, the ongoing emergence of new accounts called for a more comprehensive legal solution.

The newcomer injunction solution

In response to this persistent threat, Fieldfisher advised AQA to pursue a "newcomer injunction," typically used in land trespass cases, to cover any UK individual or entity attempting to access or distribute AQA's exam materials.

The newcomer injunction solution is grounded in the Supreme Court's ruling in Wolverhampton City Council v Gypsies & Travellers, establishing the framework for injunctive relief against individuals who cannot be readily identified. Fieldfisher's successful application of this framework to confidential information signifies a milestone in UK law, marking the first time a newcomer injunction has been extended in this way.

This innovative use of injunctive relief underscores Fieldfisher's skill in crafting solutions that protect clients in an evolving digital landscape.

This milestone injunction remains effective until January 2026, with AQA retaining the option to seek further relief as necessary.

Commenting on this case, lead partner, Nathan Capone said:

Obtaining this injunction on behalf of AQA is an example of our ability to provide solutions that serve our clients' needs. We're proud to push the boundaries of the law to secure a safer landscape for AQA's examination process. This ruling will help ensure the integrity of future exams and safeguard against illegal breaches of confidentiality.

Advocacy was provided by Matthew McGhee and Eliza Bond of Twenty Essex.



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