Posted by Gemma Ospedale, Partner
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Misuse of confidential information – mandatory injunction granted
In Warm Zones v Thurley and another the Queens Bench Division of the High Court has granted the employer claimant a fairly unusual mandatory injunction requiring the two Defendants to permit an independent IT expert to inspect their personal computers and take images where necessary.
Both Defendants had access to the Claimant’s large database which contained unique confidential information about householders. Their contracts prohibited disclosure of confidential information both during and after their employment. One Defendant was dismissed and went to work for a competitor; and during the course of Tribunal proceedings for unfair dismissal the Claimants discovered emails which indicated that the Defendants had disclosed, or were prepared to disclose, confidential information. Hence the grant of a mandatory injunction for inspection because the emails raised a serious question to be tried in relation to the unauthorised use or disclosure of confidential information which belonged to the Claimant.
This legal update is provided for general information purposes only and should not be applied to specific circumstances without prior consultation with us.
For further details on any of the issues covered in this update please contact Gemma Ospedale, Partner in Employment on 020 7583 2222.
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