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25-04-2014

The High Court has ordered that an employer may instruct an independent computer expert to inspect and take images from the personal computers of two former employees.

The High Court did this by granting the employer a mandatory injunction (an order that something is done) when it was told that the employees may have misused confidential information belonging to the employer during their employment.

The Court took into account the fact that the employer seemed to have a strong claim and had invested considerable resources to develop the confidential information.

The case is unusual in that such orders are rare, however the judge also believed that if the employees were telling the truth and there was no misuse of confidential information, the inspection would reveal nothing and the litigation could be brought to an end quickly.

See Warm Zones v Thurley and another [2014] EWHC 988 (QB) High Court.

Sarah Rushton (srushton@moonbeever.com)

This is intended for general information only and should not be considered as giving advice in relation to any individual case nor be taken as applying to any particular case. No liability is accepted for any such use of the information.

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