In OCS Group UK v Dadi the High Court sentenced an employee to six weeks’ imprisonment for contempt of court. The employee, Mr Dadi, violated an order banning him from disclosing confidential information belonging to his employer and informing others of the order imposed. The interim injunction required Mr Dadi to preserve hard copy and electronic evidence and warned that a failure to do so would render him liable to imprisonment, fine or seizure of assets.

The claimant, a cleaning contractor to the aviation industry, alleged the defendant had breached his contract of employment by transferring confidential information to his personal email account and by using the information relating to strategic business affairs, such as, costs and logistics, unlawfully.

The judge applied the sentencing principles set out in Crystal Mews Ltd v Metterick and others [2006] EWHC 3087 (Ch) taking into consideration the consequences of the breach; whether it could be rectified; whether it was intentional; the degree of culpability and the subsequent actions of the defendant.

The judge ruled there was overwhelming evidence that Mr Dadi was a sophisticated user of technology. He had transferred large amounts of confidential information and tried to conceal his activities by encryption and double deletion of material. The judge gave Mr Dadi credit for his early admission of the breaches, his cooperation with the claimant in attempting to retrieve the files and his previous good character.

The court concluded imprisonment of six weeks was necessary to demonstrate “the court’s strong disapproval of his conduct”, to act as a deterrent and to send a warning to others in contemplation of contravening orders of the court.
http://www.bailii.org/ew/cases/EWHC/Ch/2017/1727.html