Arthur J. Gallagher Services UK Ltd. v. Skriptchenko

The Cyber Blog IndiaCase Summary

Interlocutory order against the defendants for the examination of their devices after they stole confidential information of their former employer

 Arthur J. Gallagher Services (UK) Ltd. v. Skriptchenko
[2016] EWHC 603 (QB)
In the High Court of Justice, Queen’s Bench Division
Case Number HQ15X03159
Before Justice Slade DBE
Decided on February 11, 2016

Relevancy of the case: Interlocutory order against the defendants for the examination of their devices after they stole confidential information of their former employer

Relevant Facts of the Case

  • The claimants employed the defendant for one year. They terminated his employment after that.
  • The second defendant then employed the first defendant. The claimants soon discovered that the first defendant had taken away their confidential information.
  • The defendants adhered to the first two injunction orders given by the court. They disclosed over 4000 documents.
  • However, the claimants contended that more than 4000 documents are from different entities.

Prominent Arguments by the Counsels

  • The claimant’s counsel argued that:
    • The defendant had misused confidential information and affected their business.
    • He further requested the court to pass an interim injunction to restrict the defendant from using the confidential information.
    • He also argued for imaging and inspecting the defendant’s electronic device to delete the confidential information.
  • The defendant’s counsel argued that:
    • The electronic device searches can be conducted at the end of the trial and through an interlocutory order.
    • No evidence exists that the defendants have disobeyed the court or used the confidential information further.
    • Imaging and inspecting the defendant’s devices could potentially risk the defendant’s confidential information.

Opinion of the Bench

  • The claimant’s confidential information is at risk. In any scenario, the defendants should not have such information.

Final Decision

  • The court granted the interlocutory order in the claimant’s favour while granting the defendants a right to choose a computer expert to retrieve their confidential information.

Aarya Tyagi, an undergraduate student at the Institute of Law, Nirma University, Ahemadabad, prepared this case summary during his internship with The Cyber Blog India in May/June 2024.