Brake & Anor v Guy & Ors [2022] EWCA Civ 235 (02 March 2022)

Brake & Anor v Guy & Ors [2022] EWCA Civ 235 (02 March 2022)

The claimants failed to establish a reasonable expectation of privacy or an obligation of confidence in respect of emails sent or received via the business email account, which was owned and controlled by the employer, used by multiple employees, and paid for by the business. The judge's evaluative findings were open to him on the evidence, and there was no error of law or principle. The appeal was dismissed.

Citation
[2022] EWCA Civ 235
Parties
Claimant/appellant: Nihal Mohammed Kamal Brake; Claimant/appellant: Andrew Young Brake; Defendant/respondent: Geoffrey William Guy; Defendant/respondent: The Chedington Court Estate Limited; Defendant/respondent: Axnoller Events Limited
Jurisdiction
England and Wales
Judgment Date
02 March 2022
Procedural Posture
Civil Appeal / Appeal From High Court Judgment to Court of Appeal
Outcome
Appeal dismissed
Legal Topics
Misuse of Private Information, Breach of Confidence, Reasonable Expectation of Privacy, Employment and Business Email Accounts, Injunctions
Civil Procedure Privacy Law Equity Misuse of Private Information Breach of Confidence Reasonable Expectation of Privacy Employment and Business Email Accounts Injunctions

Case Brief

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Parties

Nihal Mohammed Kamal Brake

Claimant/appellant

Andrew Young Brake

Claimant/appellant

Geoffrey William Guy

Defendant/respondent

The Chedington Court Estate Limited

Defendant/respondent

Axnoller Events Limited

Defendant/respondent

Procedural Posture

Civil Appeal / Appeal From High Court Judgment to Court of Appeal

Legal Issues

  1. 1 Whether the claimants had a reasonable expectation of privacy in emails sent/received via a business email account owned by the employer
  2. 2 Whether the defendants owed a duty of confidence in relation to personal/private emails in the business account
  3. 3 Whether the judge erred in law or fact in dismissing the claim for misuse of private information and breach of confidence

Ratio Decidendi

The claimants failed to establish a reasonable expectation of privacy or an obligation of confidence in respect of emails sent or received via the business email account, which was owned and controlled by the employer, used by multiple employees, and paid for by the business. The judge's evaluative findings were open to him on the evidence, and there was no error of law or principle. The appeal was dismissed.

Court Disposition

Appeal dismissed

Orders

  • No order for injunctive relief or damages; costs to follow the event.