Is Your Phone Only 4U? Court of Appeal Orders Parties To Request Personal Device from Employees

In a recent judgment in a claim brought by Phones 4U (in administration), the Court of Appeal has ordered the defendants (o2, Vodafone and EE) to request their employees and former employees to provide their personal mobile devices to IT consultants to enable those devices to be searched for information potentially relevant to the proceedings. This follows a number of cases that have made it clear that work-related
information which is stored on an employee’s personal device is considered to be within the control of a party and thus disclosable in court proceedings.

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