ORB a.r.l.; & Ors v Ruhan [2015] EWHC 3638 (Comm) (14 December 2015)

ORB a.r.l.; & Ors v Ruhan [2015] EWHC 3638 (Comm) (14 December 2015)

The court granted the order sought by the applicants, permitting them to receive and analyse the material from 'Oscar' under strict conditions, on the basis that the applicants had demonstrated a legitimate reason for handling the material, that the order was necessary to protect their interests and to enable further legal remedies, and that the risk of criminal liability would be mitigated by the court's sanction. The order was made ex parte due to the risk that notifying the defendant would defeat the object of the application. The court emphasised the need for full and frank disclosure and noted that the allegations were untested and subject to rebuttal by the defendant.

Citation
[2015] EWHC 3638 (Comm)
Parties
Applicant/claimant: ORB a.r.l.; Applicant/claimant: Roger James Taylor; Applicant/claimant: Nicholas Thomas; Defendant: Andrew Joseph Ruhan
Jurisdiction
England and Wales
Judgment Date
14 December 2015
Procedural Posture
Commercial Court Claim / Interlocutory Application (september 2015 Application) – Ex Parte, Pre Trial
Outcome
Application granted (ex parte, interim order)
Legal Topics
Interim Relief, Preservation of Evidence, Harassment, Fiduciary Duties, Joint Venture Disputes, Criminal Liability for Possession of Indecent Images, Norwich Pharmacal Relief
Commercial Law Civil Procedure Criminal Law (ancillary) Interim Relief Preservation of Evidence Harassment Fiduciary Duties Joint Venture Disputes +2 more

Case Brief

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Parties

ORB a.r.l.

Applicant/claimant

Roger James Taylor

Applicant/claimant

Nicholas Thomas

Applicant/claimant

Andrew Joseph Ruhan

Defendant

Procedural Posture

Commercial Court Claim / Interlocutory Application (september 2015 Application) – Ex Parte, Pre Trial

Legal Issues

  1. 1 Whether the applicants should be granted an order permitting the receipt and analysis of potentially illegal material for the purpose of investigating alleged harassment and intimidation connected to the litigation.
  2. 2 Whether the applicants' proposed handling of indecent images would expose them to criminal liability and whether a court order could provide a legitimate reason/defence.
  3. 3 Whether the evidence supports a connection between the defendant and the alleged campaign of harassment, including the attempt to plant incriminating material.

Ratio Decidendi

The court granted the order sought by the applicants, permitting them to receive and analyse the material from 'Oscar' under strict conditions, on the basis that the applicants had demonstrated a legitimate reason for handling the material, that the order was necessary to protect their interests and to enable further legal remedies, and that the risk of criminal liability would be mitigated by the court's sanction. The order was made ex parte due to the risk that notifying the defendant would defeat the object of the application. The court emphasised the need for full and frank disclosure and noted that the allegations were untested and subject to rebuttal by the defendant.

Court Disposition

Application granted (ex parte, interim order)

Orders

  • Applicants permitted to receive, possess, and analyse specified material from 'Oscar' for the purposes of investigation and potential legal proceedings, subject to conditions.
  • Material to be provided to the Metropolitan Police and relevant authorities as appropriate.