A v B

A v B

Claimant-led inspection of imaged digital data is not the default; it must be justified by case-specific factors such as urgency, superior claimant knowledge, risk of defendant misconduct, or agreement. In both cases, claimants demonstrated sufficient grounds for early inspection, subject to safeguards for privilege and confidentiality.

Parties
Claimant: A; Defendant: B; Claimant: Hewlett Packard Enterprise Company; Claimant: Schneider Electric IT Corporation and others; Defendant: Manchester Technology Data (Holdings) Ltd & ors
Jurisdiction
England and Wales
Judgment Date
25 July 2019
Procedural Posture
Search and Seizure Order Applications / Return Date Hearings on SSO
Outcome
Applications granted for claimant-led inspection of imaged digital data, subject to safeguards.
Legal Topics
Search and Seizure Orders, Digital Evidence, Disclosure, Privilege, Confidential Information
Civil Procedure Intellectual Property Confidentiality Search and Seizure Orders Digital Evidence Disclosure Privilege Confidential Information

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Parties

A

Claimant

B

Defendant

Hewlett Packard Enterprise Company

Claimant

Schneider Electric IT Corporation and others

Claimant

Manchester Technology Data (Holdings) Ltd & ors

Defendant

Procedural Posture

Search and Seizure Order Applications / Return Date Hearings on SSO

Legal Issues

  1. 1 Who is entitled to inspect and interrogate imaged digital data first after filtering privileged material: claimant or defendant?
  2. 2 Whether claimant-led inspection is justified under SSO regime or disclosure principles

Ratio Decidendi

Claimant-led inspection of imaged digital data is not the default; it must be justified by case-specific factors such as urgency, superior claimant knowledge, risk of defendant misconduct, or agreement. In both cases, claimants demonstrated sufficient grounds for early inspection, subject to safeguards for privilege and confidentiality.

Court Disposition

Applications granted for claimant-led inspection of imaged digital data, subject to safeguards.

Orders

  • Claimants permitted to inspect imaged digital data after defendants' solicitors review for privilege and confidentiality.
  • Claimants must notify defendants of proposed keyword searches; defendants may raise objections.