Case No. IP-2018-000200

5.Mr Penhallurick conducted research in this field while he was studying for his MSc degree at Cranfield University from 2002 until 2005. His work resulted in his Master’s thesis, consisting of a description of his VFC method, an abridged version of which was published by the University in September 2005. The method was manual in the sense that although it used proprietary software, it was not performed automatically by the operation of software. 6.Mr Penhallurick says that in 2005 and 2006, while still developing his VFC method, he wrote his own software which would allow a computer to perform the method automatically. He also began work on a graphical user interface and a user manual. 7.Mr Penhallurick’s employment by MD5 began on 6 November 2006. According to him, he was employed to assist with forensic case work supplied to MD5 by police forces and his primary duties were to carry out forensic computer investigations, prepare witness statements, attend court and give evidence. 8.MD5’s case is that Mr Penhallurick’s duties were more flexible and extensive than this. MD5 further says that if Mr Penhallurick created any VFC software before the start of his employment it formed no part of the VFC software created for MD5. 9.By early 2007 Mr Penhallurick had developed software which permitted a fully automated version of VFC, including a graphical user interface. Both he and MD5 at the time referred to this as “VFC version 1”. 10.According to Mr Penhallurick it incorporated code written before his employment. He also says that after he joined MD5 his work on this software was done outside the scope of his employment, using his own computer and primarily in his own time. 11.MD5’s version of events is different. The manual VFC method which Mr Penhallurick brought to MD5 was slow and cumbersome. In or about January 2007 John Green and Geoffrey Boyd of MD5 discussed with him the possibility of developing software to implement the method. All such software was created by Mr Penhallurick following his discussion with them and as part of his duties as employee. 12.Following the completion of VFC version 1, Mr Penhallurick created three further versions of the VFC software, released in April 2008, May 2014 and August 2016, all built on version 1. Mr Penhallurick’s case is that these too were created in his own time; MD5 says that like version 1 they were developed in the course of Mr Penhallurick’s duties as employee.