THORNTONS INVESTMENT HOLDINGS LTD AND OTHERS AGAINST RORY MATHESON & THORNTONS INVESTMENT HOLDINGS LTD AND OTHERS AGAINST MARGARET MCINTOSH AND ANOTHER [2023] ScotCS CSOH_85 (29 November 2023)

THORNTONS INVESTMENT HOLDINGS LTD AND OTHERS AGAINST RORY MATHESON & THORNTONS INVESTMENT HOLDINGS LTD AND OTHERS AGAINST MARGARET MCINTOSH AND ANOTHER [2023] ScotCS CSOH_85 (29 November 2023)

The court held that the documents received anonymously and the material seized in the 'dawn raids' were not shown on the balance of probabilities to have been obtained illegally by or for the pursuers. There was insufficient evidence to prove hacking or unlawful procurement by the pursuers. The court exercised its discretion to admit the evidence, finding that its probative value outweighed any speculative unfairness, and that admission would not breach Article 8 ECHR or common law fairness.

Citation
[2023] ScotCS CSOH_85
Parties
Pursuer: Thorntons Investment Holdings Limited; Pursuer: Matheson Consulting Limited; Pursuer: Matheson Financial Consulting Limited; Defender: Rory Matheson; Defender: Margaret McIntosh; Defender: Granite Wealth Consulting Limited
Jurisdiction
Scotland
Judgment Date
29 November 2023
Procedural Posture
Civil / Interlocutory Evidential Hearing on Admissibility of Evidence
Outcome
Objections to admissibility refused; evidence admitted.
Legal Topics
Admissibility of Evidence, Confidential Information, Restrictive Covenants, Breach of Contract, Privacy Rights, Illegally Obtained Evidence
Civil Procedure Employment Law Contract Law Data Protection Admissibility of Evidence Confidential Information Restrictive Covenants Breach of Contract +2 more

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Parties

Thorntons Investment Holdings Limited

Pursuer

Matheson Consulting Limited

Pursuer

Matheson Financial Consulting Limited

Pursuer

Rory Matheson

Defender

Margaret McIntosh

Defender

Granite Wealth Consulting Limited

Defender

Procedural Posture

Civil / Interlocutory Evidential Hearing on Admissibility of Evidence

Legal Issues

  1. 1 Whether documents received anonymously and material seized in 'dawn raids' are admissible as evidence
  2. 2 Whether the documents were illegally obtained in breach of privacy/confidentiality and/or by hacking
  3. 3 Whether admitting such evidence would breach Article 8 ECHR rights or common law fairness

Ratio Decidendi

The court held that the documents received anonymously and the material seized in the 'dawn raids' were not shown on the balance of probabilities to have been obtained illegally by or for the pursuers. There was insufficient evidence to prove hacking or unlawful procurement by the pursuers. The court exercised its discretion to admit the evidence, finding that its probative value outweighed any speculative unfairness, and that admission would not breach Article 8 ECHR or common law fairness.

Court Disposition

Objections to admissibility refused; evidence admitted.

Orders

  • The documents received anonymously and the material seized in the 'dawn raids' are admissible in evidence at proof.
  • Any further objections to admissibility on these grounds are dismissed.