TBD (Owen Holland) Ltd v Simons & Ors [2020] EWHC 30 (Ch) (17 January 2020)

TBD (Owen Holland) Ltd v Simons & Ors [2020] EWHC 30 (Ch) (17 January 2020)

The Claimant breached the Search Order by conducting a broad, unilateral search of imaged electronic material without proper safeguards for privilege, confidentiality, or relevance, and used that material to support new claims and communicate with third parties. However, the breach, while serious, did not justify striking out the claims against the Applicants. Instead, lesser relief was appropriate, including orders to identify third parties to whom material was disclosed, an injunction against further disclosure, and directions for protection of privileged material.

Citation
[2020] EWHC 30 (Ch)
Parties
Claimant: TBD (Owen Holland) Limited; First Defendant: Andrew Simons; Second Defendant: G2A Limited; Third Defendant / Applicant: Obcon Solutions Limited; Fourth Defendant / Applicant: OSL Rail Limited; Fifth Defendant / Applicant: John O'Boyle; Sixth Defendant: Kelf Engineering SASA; Seventh Defendant: Mathieu Pommellet
Jurisdiction
England and Wales
Judgment Date
17 January 2020
Procedural Posture
Intellectual Property / Commercial / Interlocutory Application (application to Strike Out And/or for Other Relief)
Outcome
Application granted in part; strike out refused; ancillary relief granted.
Legal Topics
Search Orders, Breach of Undertaking, Disclosure, Privilege, Striking Out, Security for Costs
Intellectual Property Civil Procedure Commercial Law Search Orders Breach of Undertaking Disclosure Privilege Striking Out +1 more

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 2 Authorities cited 4 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

TBD (Owen Holland) Limited

Claimant

Andrew Simons

First Defendant

G2A Limited

Second Defendant

Obcon Solutions Limited

Third Defendant / Applicant

OSL Rail Limited

Fourth Defendant / Applicant

John O'Boyle

Fifth Defendant / Applicant

Kelf Engineering SASA

Sixth Defendant

Mathieu Pommellet

Seventh Defendant

Procedural Posture

Intellectual Property / Commercial / Interlocutory Application (application to Strike Out And/or for Other Relief)

Legal Issues

  1. 1 Whether the Claimant breached the terms of a search order by using imaged electronic material beyond the scope permitted by the order and undertakings
  2. 2 Whether such breach, if established, justifies striking out the claims against the Applicants or other relief
  3. 3 Whether Applicants have standing to complain about breach of a search order not directed at them

Ratio Decidendi

The Claimant breached the Search Order by conducting a broad, unilateral search of imaged electronic material without proper safeguards for privilege, confidentiality, or relevance, and used that material to support new claims and communicate with third parties. However, the breach, while serious, did not justify striking out the claims against the Applicants. Instead, lesser relief was appropriate, including orders to identify third parties to whom material was disclosed, an injunction against further disclosure, and directions for protection of privileged material.

Court Disposition

Application granted in part; strike out refused; ancillary relief granted.

Orders

  • Claim against Applicants not struck out.
  • Claimant to identify third parties to whom Searched Material was disclosed.