The court was asked whether the appellant company was entitled to an order requiring its former Chief Executive Officer, after the termination of his appointment, to give it access to the content of emails relating to its business affairs, and stored on his personal computer in England, were sent or received by him on behalf of the company. The claimant asserted an enforceable proprietary claim in those rent or received on their behalf. At first instance the court had found that there existed no property in information.
Held: In effect Fairstar claimed a right which it descibed as ‘proprietary’ to the content of the emails, entitling it to inspect and make copies of the content of the emails, either directly or through an independent person instructed for that purpose. The assertion of such a right failed.
However, the claimant was able to achieve its aims through the law of agency.
Mummery, Patten, Black LJJ
[2013] EWCA Civ 886
Bailii
England and Wales
Citing:
Cited – Lamb v Evans CA 1893
The plaintiff printed and published a multi-lingual European trade directory, engaging the defendants as commission agents to solicit paid entries for the directory. The businessmen could, if they wished, supply wood blocks or other materials from . .
Cited – Universal Thermosensors Ltd v Hibben and Others ChD 8-Jul-1992
After complex litigation, the remaining issues were a claim for damages by the claimant in respect of the defendant’s misuse of confidential information and a counterclaim by the defendants for loss falling within the claimant’s cross-undertaking in . .
Cited – Pennwell Publishing (UK) Ltd v Ornstien and others QBD 18-Jun-2007
A former employee the defendant had copied contact information from the employer’s Microsoft Outlook into an Excel spreadsheet. It was not disputed that during the course of his employment the employee had himself added many names and addresses to . .
At TCC – Fairstar Heavy Transport Nv v Adkins and Another TCC 1-Nov-2012
The claimant had obtained a without notice order restraining the first defendant, its former senior consultant from deleting or otherwise interfering with emails from his time with the company. The defendant said that there had been no emergency . .
Cited – Nicrotherm Electrical Company v Percy CA 1957
Lord Evershed MR said: ‘a man who thinks of a mechanical conception and then communicates it to others for the purpose of their working out means of carrying it into effect does not, because the idea was his (assuming that was), get proprietary . .
Cited – Force India Formula One Team Ltd v 1 Malaysia Racing Team Sdn Bhd and Others ChD 21-Mar-2012
The claimants alleged misuse by the defendants of confidential information.
Held: Arnold J said: ‘Confidential information is not property, however, even though businessmen often deal with confidential information as if it were property and . .
Not on Point – Pattihis v Jackson 2002
The employer complained of the alleged misuse of property taken during the course of his employment by the defendant. . .
Appeal from – Fairstar Heavy Transport Nv v Adkins TCC 23-Nov-2012
. .
Cited – Huddleston v Control Risks 1987
The plaintiffs were protesters against Apartheid. The defendant, a political risks consultancy, was to sell a report on the activities of anti-apartheid groups, their relationship with terrorist groups and their intentions. The claimants were . .
Cited – WRN Ltd v Ayris QBD 21-May-2008
The claimant sought to enforce post employment contracts against the defendant. One issue was whether or not business cards that had been given to the employee in the course of his employment, as well as cards that were already in his possession and . .
Cited – Lady Beresford v Driver 31-Jul-1851
The defendant, the plaintiff’s ex-land agent was ordered to deliver up documents to former principal relating to her estate and its management . .
Cited – Re Ellis and Ellis 1908
A client’s former solicitors were ordered to deliver up payment vouchers to the trustee in bankruptcy of the former client. . .
Cited – Chantrey Martin v Martin CA 1953
The professional working papers of a firm of accountants were held not to be the property of the client, but letters and other papers created by accountants as agent for client were the client’s property: ‘Working accounts and other papers which . .
Cited – Gomba Holdings UK Ltd v Minories Finance Ltd CA 1988
The court was asked as to ownership of documents coming into existence in the course of a receivership. The plaintiff companies had argued that all documents belonged to them because the receivers were their agents and the documents were created in . .
Cited – Equitas Ltd and Another v Horace Holman and Company Ltd ComC 27-Apr-2007
A principal or employer is entitled to delivery up of original documents (or other property) retained or removed by an agent or employee and relating to transactions done as agent. . .
Cited – Pennwell Publishing (UK) Ltd v Ornstien and others QBD 18-Jun-2007
A former employee the defendant had copied contact information from the employer’s Microsoft Outlook into an Excel spreadsheet. It was not disputed that during the course of his employment the employee had himself added many names and addresses to . .
Cited – Yasuda Fire and Marine Insurance Company Europe Ltd v Orion Marine Insurance Underwriters Ltd ChD 27-Oct-1994
An agent’s fiduciary duty to his principal survived the determination of his contract and he had a continuing duty to provide accounts. The court recognised the right of a principal to inspect and copy the content of both computerised and hard copy . .
Lists of cited by and citing cases may be incomplete.
Information, Employment, Agency
Updated: 02 November 2021; Ref: scu.513516
