Case No. IP-2019-000175

76.Ms Bollard submits that DPA can only speculate why he took the ADA Stored Works: she submits that perhaps it was useful for Mr D’Aguanno to rely on them for building business for MUDA’s portfolio, rather than his own personal portfolio; or perhaps he took them out of spite or bad feeling; or perhaps he mistakenly kept them on his laptop and did not save them to the server. 77.The difficulty with these latter two submissions is that DPA has not satisfied me that the ADA Stored Works are not to be found on DPA’s server – i.e. that they were removed or not stored rather than copied. I have found on the balance of probabilities that Mr D’Aguanno did store what he was required to store. There is also no evidence that Mr D’Aguanno used them or intended to use them for building MUDA’s portfolio, to set against his assertion that he did nothing with them and intended to use them only for his personal portfolio, and Ms Bollard did not put this to him in cross-examination. That he did nothing with them is to some extent supported by Ms Muller’s evidence, which I believe was truthfully given, that she did not know that Mr D’Aguanno had the ADA Stored Works. I do not believe he could have used them to support building MUDA’s business without Ms Muller knowing about it. 78.It is difficult for me to see what other use Mr D’Aguanno could have made of the ADA Stored Works, as they are necessarily site- and job-specific to DPA’s projects, and at least two of the three were from completed projects. On balance, I accept Mr D’Aguanno’s evidence that he kept them for his personal portfolio and did not put them to any use during the period that they were in his possession, save that he moved them from his laptop to a pendrive storage device.