When Mr W wiped the whiteboard clean of all his current client contacts, replaced them with the words "Goodbye Employer", packed up his bags and left, he evidently thought that his dealings with his former employers were done. Just weeks later, however, he would be faced with a team of forensic computer experts sent by his former employers, accompanied by an independent solicitor and a High Court Order allowing forensic images to be taken of computers and other electronic equipment in his possession, with any attempt by him not to comply with the order leaving him at risk of an application for contempt of court.

His employer became suspicious when it transpired that vast quantities of information had been deleted from Mr W's computer. Key clients of the company had also been contacted by Mr W to say that he had set up elsewhere in competition with his former employers. These factors together led to the company instructing surveillance experts to find out more about Mr W's post-termination activiteis. This revealed that Mr W had set up a rival company shortly after he had resigned and that he was now working in competition in South London, together with another recently resigned ex-employee, Mrs F. Mr W and another party were the new company's Directors.

The surveillance experts posed as start-up sandwich sellers and made an appointment to go and talk to Mr W and Mrs F to offer their services at their offices. A covert recording was made - of which an excerpt was later played in Court during the application for relief - during which Mr W and Mrs F gave the start up sandwich sellers helpful advice on how to start up a new business and hinted that they had been helped along by the "good old database"

Forensic computer specialists examined the computers belonging to Mr W and Mrs F when they were still employed by the client company. This revealed unusual and unexplained activity on the computers including the accessing of large amounts of confidential information on the server and the attachment of computer interface devices (USB devices) capable of storing documents at key dates prior to the departure of the ex-employees

For practical assistance and consultation on this difficult issue contact us in the first instance either by email to info@answers.uk.com or by telephoning 01483 200999 and discussing the matter with our commercial team.