ORB a.r.l.; & Ors v Fiddler

ORB a.r.l.; & Ors v Fiddler

Strong evidence of wrongdoing and risk of evidence destruction justified granting interim relief and privacy orders without notice to the defendant, balancing public interest and privacy rights.

Parties
Claimant: ORB a.r.l.; Claimant: Roger James Taylor; Claimant: Nicholas Thomas; Claimant: Pro Vinci Limited; Defendant: Steven Richard Fiddler
Jurisdiction
England and Wales
Judgment Date
14 December 2015
Procedural Posture
Commercial Claim / Interim Application for Relief, Pre Claim Form Issuance
Outcome
Interim relief granted; order made in private and without notice to defendant.
Legal Topics
Interim Injunctions, Privacy Orders, Confidentiality, Disclosure of Evidence
Commercial Law Civil Procedure Interim Injunctions Privacy Orders Confidentiality Disclosure of Evidence

Case Brief

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Parties

ORB a.r.l.

Claimant

Roger James Taylor

Claimant

Nicholas Thomas

Claimant

Pro Vinci Limited

Claimant

Steven Richard Fiddler

Defendant

Procedural Posture

Commercial Claim / Interim Application for Relief, Pre Claim Form Issuance

Legal Issues

  1. 1 whether interim relief should be granted against the defendant without notice
  2. 2 whether privacy and confidentiality orders are justified
  3. 3 whether the defendant should be compelled to disclose evidence and preserve material

Ratio Decidendi

Strong evidence of wrongdoing and risk of evidence destruction justified granting interim relief and privacy orders without notice to the defendant, balancing public interest and privacy rights.

Court Disposition

Interim relief granted; order made in private and without notice to defendant.

Orders

  • Defendant required to disclose knowledge regarding Oscar and Oscar's father.
  • Defendant required to retain and preserve video recording, metadata, and mobile telephone.