KB-2025-001196 - [2025] EWHC 2113 (KB)

I am clearly not going to have time to give a judgment today in relation to the number of issues that have arisen. I am, however, minded to make an imaging order but not in the full terms that have been applied for.

So what I propose to do is go through the order and I will circulate my reasons in writing later this week. I am going to make the order to take effect on Tuesday next week rather than this week, to give everyone a chance to see my reasons before it actually does. This hearing has been on notice and there was some delay in applying for it. Because unfortunately I have a fairly heavy hearing over the next couple of days I am not going to get to it until the end of the week.

The orders that I minded to make are under electronic data imaging the reduced orders that we discussed. So in relation to paragraph 1 it would have to be personal items. They would have to exclude NDT’s systems. In relation to 2, online accounting and payment systems and online bank accounts must come out.

In relation to the interim injunction, that falls away by the undertakings. I am willing to make the order for disclosure of the emails in paragraph 1 but in relation to the rest of the specific disclosure, given I have made an order preserving relevant data, I do not think the test for the rest of it is made out, because you have it preserved and the matter can be dealt with by disclosure in the ordinary way.

In terms of the prohibited acts, once the data is preserved those fall away, do they not?