Fairstar Heavy Transport NV v Adkins & Anor [2012] EWHC 2952 (TCC) (01 November 2012)

Fairstar Heavy Transport NV v Adkins & Anor [2012] EWHC 2952 (TCC) (01 November 2012)

The preponderance of authority is against recognising a proprietary right in the content of information, including e-mails. The content of an e-mail is not property in law, and thus Fairstar cannot assert a proprietary claim to the information contained in e-mails sent or received by Mr Adkins. Protection against misuse of such information is available under the law of confidence or contract, but not as a proprietary right.

Citation
[2012] EWHC 2952 (TCC)
Parties
Claimant: Fairstar Heavy Transport N.V.; First Defendant: Philip Jeffrey Adkins; Second Defendant: Claranet Limited
Jurisdiction
England and Wales
Judgment Date
01 November 2012
Procedural Posture
Application (interim Relief) / Contested Hearing on Return Date After Without Notice Order
Outcome
Application dismissed
Legal Topics
Proprietary Rights in Information, Access to Electronic Communications, Agency Law, Equitable Remedies
Civil Procedure Property Law Information Technology Law Proprietary Rights in Information Access to Electronic Communications Agency Law Equitable Remedies

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Parties

Fairstar Heavy Transport N.V.

Claimant

Philip Jeffrey Adkins

First Defendant

Claranet Limited

Second Defendant

Procedural Posture

Application (interim Relief) / Contested Hearing on Return Date After Without Notice Order

Legal Issues

  1. 1 Does Fairstar have an enforceable proprietary claim to the content of e-mails held by Mr Adkins and/or Claranet, insofar as they were received or sent by Mr Adkins acting on behalf of Fairstar?

Ratio Decidendi

The preponderance of authority is against recognising a proprietary right in the content of information, including e-mails. The content of an e-mail is not property in law, and thus Fairstar cannot assert a proprietary claim to the information contained in e-mails sent or received by Mr Adkins. Protection against misuse of such information is available under the law of confidence or contract, but not as a proprietary right.

Court Disposition

Application dismissed

Orders

  • Fairstar's application to inspect the e-mails held by Mr Adkins is refused on the proprietary claim basis.