Description
Indemnity costs order was made against an employer for making an overly aggressive and unjustified application for specific disclosure and urgent interim relief against a former employee.
IFOT Services', the applicant (A), business involved selling tickets for events. A applied for specific disclosure and interim relief in its claim against a former sales manager, the respondent (R), for breach of confidence and misuse of company documents. The application was made in reliance on R's disclosure that company documents had been emailed to his personal computer.
The court dismissed the application, holding that the alleged breaches of duty had not been evidenced, the conduct complained of was historic and there was no immediate threat against A which required the court's intervention. Further, A's approach had overly aggressive and it had sought undertakings to which it was not entitled. It was appropriate to make an order for indemnity costs against A.
