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England and Wales High Court (Chancery Division) Decisions |
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You are here: BAILII >> Databases >> England and Wales High Court (Chancery Division) Decisions >> OCS Group UK Ltd v Dadi & Ors [2017] EWHC 1727 (Ch) (06 July 2017) URL: http://www.bailii.org/ew/cases/EWHC/Ch/2017/1727.html Cite as: [2017] EWHC 1727 (Ch) |
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CHANCERY DIVISION
Strand, London, WC2A 2LL |
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B e f o r e :
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OCS GROUP UK LIMITED |
Claimant |
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- and - |
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(1) JAGDEEP DADI (2) MANDEEP SANDHU (3) SHARON HINXMAN (4) OMNI SERV LIMITED (5) GINDI AHITAN |
Defendant/ Respondent Defendants |
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Angus Gloag (instructed by Anthony Gold Solicitors) for the Respondent
Hearing date: 6 July 2017
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Crown Copyright ©
Mrs Justice Rose :
a. prohibited Mr Dadi from disclosing to any other person or transmitting by any means confidential information as defined in paragraph 6 of the Order.b. The Order also required Mr Dadi by the return date to provide information about which items of Confidential Information he had since 1 May 2016 transmitted to his personal email address or to a third party and if so explaining how and when that information was transmitted, by and to whom it was transmitted.
"The Respondents must not, until the Return Date, destroy, delete, damage, dispose of or hide any document (whether hardcopy or electronic) which he … believes may contain any Confidential Information or evidence its retention or transmission or any box, file, server, laptop, computer, mobile phone or other storage device which he … believes may contain or be storing any such document."
"Except for the purpose of obtaining legal advice and representation, the Respondents must not, until the Return Date, directly or indirectly inform anyone of this application, the evidence and other documents served in support of the application or the contents of this Order, or warn anyone that proceedings may be brought by the Applicant for breach of confidence in relation to the Confidential Information."
a. upon being served with the Order at the Claimant's offices, Mr Dadi telephoned Mr Ahitan and told him about the Order, in breach of paragraph 15 of the Orderb. Mr Dadi had at around 6 pm on 27 February after being served with the Order and speaking to Mr Ahitan deleted emails from his phone, in breach of paragraph 14 of the Order
c. the following day Mr Dadi carried out a mass deletion of about 8,000 emails I assume from his web-based email account with AOL, in breach of paragraph 14 of the Order
d. Mr Dadi inform certain unspecified members of his family and friends of the Order, in breach of paragraph 15 of the Order
a. that he had provided confidential information belonging to the Claimant to Mr Ahitan during the period September 2016 to February 2017 including the working rosters in relation to British Airways and Virgin Airlinesb. that he received no incentive financial or otherwise either from Mr Ahitan or Omni Serv. He says "I provided information to Mr Ahitan because I had known him since 1995 and he asked me for it. He had been my manager for 18 years. I trusted Mr Ahitan and did not appreciate the significance of what I did that the time."
c. He confirmed that he did inform Mr Ahitan of the existence of the injunction order on 27 February 2017 at about 3 or 4 pm that day.
"38. After seeking legal advice and understanding the "mess" that I have got myself into, I sought to rectify the error of my ways. I invite this honourable court to allow me credit for this approach. Prison for me would be disastrous. It will make it very difficult for me to find work, it will place an intolerable strain on my marriage. I have 2 children (a daughter of 15 and a son of 12) and imprisonment will bring terrible shame on me and my family within my Sikh community. I have made some terrible mistakes. Consequently, all I can do is plead for the courts mercy and hope that the court will spare me this terrible sanction.
39. Moreover, I live with my mother who is 70 years of age and who is dependent on me. My mother is not a well person, she has diabetes and high blood pressure and suffers from Colitis. She also has problems with her eyes because of the diabetes. She relies on me to take her to Hospital for her regular checkups. I will also have to take her to Moorfields Hospital for the checkups in respect of her eyesight. If I am imprisoned it would be extremely difficult if not impossible for my wife to look after our children and my mother. In short it will be disastrous for my family. Finally, I too am not in the best of health, I am diabetic and suffer from High Blood pressure."
a. In relation to Mr Dadi's mother Dr Asghar confirms that she has a number of long-term medical problems including heart disease, colitis and hypertension. She also has age-related macular degeneration which is treated with intravitreal injection. She has osteoarthritis of the left knee joint, spine, neck and hip joints and requires regular follow-ups for chronic disease management. The doctor records that Mrs Dadi's sons always help her with day-to-day management of living activities and her hospital attendances.b. In relation to Mr Dadi Dr Asghar confirms that he suffers from stress at work and anxiety including insomnia. He is being treated for hypertension and type II diabetes and suffers from asthma.
Sentence