Elvee Ltd v Taylor & Ors [2001] EWCA Civ 1943 (6 December 2001)

Elvee Ltd v Taylor & Ors [2001] EWCA Civ 1943 (6 December 2001)

The search and seizure order was not obtained as a result of material non-disclosure; the judge applied the correct legal test post-execution; preservation and disclosure of imaged data is appropriate for trial management; procedural irregularities did not warrant discharge of the order.

Source-derived case information.

Citation
[2001] EWCA Civ 1943
Parties
Claimant/respondent: Elvee Limited; Defendant/appellant: Clive Taylor; Defendant/appellant: Mark Locket; Defendant/appellant: Keith Mussett; Defendant/appellant: E-Media Colour Limited
Jurisdiction
England and Wales
Judgment Date
06 December 2001
Procedural Posture
Appeal From Interlocutory Order (search and Seizure) / Court of Appeal, Post Interlocutory Hearing
Outcome
Appeal dismissed; search and seizure order upheld; directions for disclosure and preservation continued.
Legal Topics
Copyright Infringement, Confidential Information, Anton Piller Orders, Material Non Disclosure, Search and Seizure, Preservation of Evidence
Intellectual Property Employment Law Civil Procedure Copyright Infringement Confidential Information Anton Piller Orders Material Non Disclosure Search and Seizure +1 more

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Summary, issues, holding and outcome

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Parties

Elvee Limited

Claimant/respondent

Clive Taylor

Defendant/appellant

Mark Locket

Defendant/appellant

Keith Mussett

Defendant/appellant

E-Media Colour Limited

Defendant/appellant

Procedural Posture

Appeal From Interlocutory Order (search and Seizure) / Court of Appeal, Post Interlocutory Hearing

Legal Issues

  1. 1 Whether the search and seizure (Anton Piller) order should be discharged for material non-disclosure
  2. 2 Whether the order was properly obtained and executed
  3. 3 Whether directions for disclosure of imaged data were appropriate

Ratio Decidendi

The search and seizure order was not obtained as a result of material non-disclosure; the judge applied the correct legal test post-execution; preservation and disclosure of imaged data is appropriate for trial management; procedural irregularities did not warrant discharge of the order.

Court Disposition

Appeal dismissed; search and seizure order upheld; directions for disclosure and preservation continued.

Orders

  • Search and seizure order of 4 July 2000 not discharged.
  • Preservation of evidence and injunction restraining use of listed material continued until trial.