Access to former CEO's business emails stored on personal server
In Fairstar Heavy Transport NV v Philip Jeffrey Adkins & anr  EWCA Civ 886, a former chief executive officer (CEO) of a company was ordered to disclose business emails (held on a personal server) to the company. The Court of Appeal rejected the first instance analysis concerning whether the company had a proprietary right in the emails, preferring instead an agency analysis.
The parties’ relationship was one of principal and agent (the CEO was contracted to, not employed by, the company), and therefore the agent is required by law to produce documents relating to the affairs of the principal. Information readable on screen or which is printable is subject to the same incidents of agency as applicable to paper documents.
At first instance, the court was asked to determine whether to continue an injunction restraining the first defendant (Mr Adkins) from deleting or otherwise interfering with emails (stored on his personal server in England) he had sent or received when working for the claimant. There was a question as to whether, during the period leading up to the hostile takeover of the claimant company, Mr Adkins had hidden a substantial liability of the company. The claimant had sought to access Mr Adkins’ emails in order to gain further information on this liability…
If you are registered and logged in to the site, click on the link below to read the rest of the Allen & Overy briefing. If not, please register or sign in with your details below.
News from Allen & Overy
News from The Lawyer
Briefings from Allen & Overy
A new Luxembourg act on the immobilisation of bearer shares and units was published in the Luxembourg Official Gazette on 14 August 2014.
OFAC has issued revised guidance relating to the status of entities owned by individuals or entities whose interests in property are blocked under executive orders.
Analysis from The Lawyer
At the time of its launch Accutrainee was described as a revolutionary change to the training model. Has it proved to be so? Not really.
Shearman & Sterling is making its presence felt in the City, squaring up to magic circle firms and looking to muscle in on key relationships. Private equity house Bridgepoint is one outfit that has had its head turned by the US firm.