Entserv UK Ltd v The Miles Consultancy Ltd & Anor

Entserv UK Ltd v The Miles Consultancy Ltd & Anor

The claimant is entitled to preservation and delivery up of the data pending trial, subject to cost provisions and further hearings if cost agreement is not reached, as this course involves the least risk of injustice.

Parties
Claimant: EntServe UK Limited; First Defendant: The Miles Consultancy Limited; Second Defendant: The Miles Consultancy Europe Limited
Jurisdiction
England and Wales
Judgment Date
28 January 2019
Procedural Posture
Injunction Application / Return Date Hearing
Outcome
Injunction maintained; order for delivery up of data granted pending trial, subject to cost provisions.
Legal Topics
Mandatory Injunction, Delivery Up of Data, Costs of Compliance, Preservation of Evidence
Contract Law Data Protection Civil Procedure Mandatory Injunction Delivery Up of Data Costs of Compliance Preservation of Evidence

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 3 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

EntServe UK Limited

Claimant

The Miles Consultancy Limited

First Defendant

The Miles Consultancy Europe Limited

Second Defendant

Procedural Posture

Injunction Application / Return Date Hearing

Legal Issues

  1. 1 Whether the claimant is entitled to preservation and delivery up of data pending trial
  2. 2 Appropriate cost sharing for delivery up of data
  3. 3 Adequacy of damages as a remedy

Ratio Decidendi

The claimant is entitled to preservation and delivery up of the data pending trial, subject to cost provisions and further hearings if cost agreement is not reached, as this course involves the least risk of injustice.

Court Disposition

Injunction maintained; order for delivery up of data granted pending trial, subject to cost provisions.

Orders

  • Continuation of injunction preventing deletion or destruction of data
  • Order for delivery up of data to claimant in specified format and means