Brake & anr (claimant/appellant) -v- Guys & ors

Wednesday 2 – Thursday 3 February 2022

The Claimants appeal the order of Marcus Smith J dated 31 March 2021, whereby he dismissed their claim, discharged the interim injunction dated 28 November 2019, ordered that any application for damages by the Defendants be made by 4pm on 25 June 2021 and made consequential costs orders.

The Claimants had claimed for misuse of private information and breach of confidence in respect to emails contained in an email account. The Claimants ran a business providing luxury breaks and events at an estate called Axnoller. After the partnership broke down, the Claimants were adjudged bankrupt and Axnoller was sold to a company which was subsequently bought by the Defendants. The Claimants were employed by the Defendants, continuing to run the business, until relations broke down and the Defendants terminated their employment. There is ongoing litigation between the parties, including an employment claim, an eviction claim in respect to the cottage on the Axnoller estate and a possession claim in respect to the Axnoller estate itself. The claim for misuse of private information and breach of confidence (`Documents Proceedings’) related to an enquiry email account for the Axnoller estate, which the Claimants used also for private purposes. The Defendants allegedly accessed the email account and provided copies of the Claimant’s emails to third parties.

View hearing:

Day 1

Part 1

Part 2

Day 2

Part 1