Scentrics Information Security Technologies Ltd v Adam

Scentrics Information Security Technologies Ltd v Adam

The court held that Scentrics had retained the equipment for longer than was reasonably practicable, and Miss Adam's interests required the return of her equipment within a strictly limited further period. The order was varied to set deadlines for imaging, deletion, and return, and made conditional on payment of £2,000 to Miss Adam on account of compensation, returnable if no monetary award is made in her favour.

Parties
Claimant: Scentrics Information Security Technologies Ltd; Defendant: Marlena Adam
Jurisdiction
England and Wales
Judgment Date
30 August 2017
Procedural Posture
Interlocutory Application / Application for Return of Equipment Pending Trial
Outcome
Application granted in part; order for return of equipment with conditions and interim payment to Miss Adam.
Legal Topics
Injunctions, Confidential Information, Return of Property, Cross Undertaking in Damages
Civil Procedure Intellectual Property Contract Injunctions Confidential Information Return of Property Cross Undertaking in Damages

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Parties

Scentrics Information Security Technologies Ltd

Claimant

Marlena Adam

Defendant

Procedural Posture

Interlocutory Application / Application for Return of Equipment Pending Trial

Legal Issues

  1. 1 Whether Scentrics should be ordered to return computer equipment to Miss Adam pending trial
  2. 2 Whether Scentrics has retained the equipment for longer than reasonably practicable under the order of 5th August 2016
  3. 3 Whether Miss Adam is entitled to interim compensation for the deprivation of her equipment

Ratio Decidendi

The court held that Scentrics had retained the equipment for longer than was reasonably practicable, and Miss Adam's interests required the return of her equipment within a strictly limited further period. The order was varied to set deadlines for imaging, deletion, and return, and made conditional on payment of £2,000 to Miss Adam on account of compensation, returnable if no monetary award is made in her favour.

Court Disposition

Application granted in part; order for return of equipment with conditions and interim payment to Miss Adam.

Orders

  • IT experts to mirror and delete information on the backup hard drive first and return it forthwith upon completion.
  • IT experts to provide a narrative report of all dealings with the external hard drive.