Entserv UK Ltd v The Miles Consultancy Ltd & Anor [2019] EWHC 187 (TCC) (28 January 2019)

Entserv UK Ltd v The Miles Consultancy Ltd & Anor [2019] EWHC 187 (TCC) (28 January 2019)

The claimant is entitled to preservation and delivery up of the data pending trial, as there is a serious triable issue regarding possession of the data, and the risk of injustice is minimized by granting the order subject to cost provisions.

Citation
[2019] EWHC 187 (TCC)
Parties
Claimant: EntServ UK Limited; First Defendant: The Miles Consultancy Limited; Second Defendant: The Miles Consultancy Europe Limited
Jurisdiction
England and Wales
Judgment Date
28 January 2019
Procedural Posture
Injunction Application (return Date) / Interlocutory
Outcome
Interim injunction for preservation and delivery up of data continued and modified, subject to further determination of costs.
Legal Topics
Injunctions, Mandatory Injunctions, Data Delivery Up, Preservation of Evidence, Costs of Compliance
Contract Law Data Protection Civil Procedure Injunctions Mandatory Injunctions Data Delivery Up Preservation of Evidence Costs of Compliance

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 2 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

EntServ UK Limited

Claimant

The Miles Consultancy Limited

First Defendant

The Miles Consultancy Europe Limited

Second Defendant

Procedural Posture

Injunction Application (return Date) / Interlocutory

Legal Issues

  1. 1 Whether the claimant is entitled to continuation of an injunction to preserve data.
  2. 2 Whether the claimant is entitled to a mandatory order for delivery up of data pending trial.
  3. 3 How costs of data delivery should be addressed.

Ratio Decidendi

The claimant is entitled to preservation and delivery up of the data pending trial, as there is a serious triable issue regarding possession of the data, and the risk of injustice is minimized by granting the order subject to cost provisions.

Court Disposition

Interim injunction for preservation and delivery up of data continued and modified, subject to further determination of costs.

Orders

  • Continuation of injunction preventing deletion or destruction of data.
  • Order for delivery up of data to claimant in specified format and means, with meetings to determine details.