Fairstar Heavy Transport NV v Adkins & Anor

The preponderance of authority is against there being any proprietary right in the content of information, including emails. English law does not recognize a proprietary claim in the content of emails, and thus Fairstar's application fails on the ground advanced.

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: Civil / Interlocutory Application Ruling
Outcome: Application dismissed
Legal Topics: Proprietary Rights in Information, Ownership of Email Content, Principal Agent Relationship, Confidential Information, Jurisdictional Limitations

Property Law Equity Agency Law Proprietary Rights in Information Ownership of Email Content Principal Agent Relationship Confidential Information Jurisdictional Limitations

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Parties

Fairstar Heavy Transport N.V.

Claimant

Philip Jeffrey Adkins

First Defendant

Claranet Limited

Second Defendant

Procedural Posture

Civil / Interlocutory Application Ruling

Legal Issues

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

Ratio Decidendi

Court Disposition

Application dismissed

Orders

Fairstar's application to inspect the emails held by Mr Adkins is refused on the proprietary claim ground.
Costs of previous applications reserved; parties to be heard if not agreed.