International Update: Recent Decisions by UK Courts Highlight Protection of Confidential and Proprietary Information in Employment Context — Part II

In Part I of this post, we focused on the UK Supreme Court’s recent decision in Vestergaard Frandsen and others v. Bestnet Europe Ltd. and others, [2013] UKSC 31.

Although not binding authorities throughout the UK, two other recent decisions from lower courts in England and Wales are also notable with respect to employers’ protection of confidential or proprietary information in relation to former employees, particularly in the international context.

First, the Court of Appeal’s recent judgment in Fairstar Heavy Transport N.V. v. Adkins, [2013] EWCA Civ 886, provides a notable illustration of an employer’s right to access emails relating to its business affairs that are in the possession of a former agent, even when those emails are stored on the former agent’s home computer.

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