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How long had he worked there for and was his employer aware that your business was in the same industry?
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Thanks for your patience. Can you please clarify how they managed to access both his emails and yours too?
Yes I have been discussing this with a criminal law colleague of mine. Their behaviour could potentially amount to a criminal offence under the Computer Misuse Act, although we both agreed that it is unlikely the police will be interested in taking it further and will see it as something which would need to be pursued as a civil matter.
In terms of the evidence obtained, they cannot be prevented from at least starting a claim with it, but after that it would be down to the judge dealing with the case to decide whether it should be allowed as admissible evidence. Some may take the view that it should not, others may find the exact opposite – it is very much dependent on who presides over the case. The best you can do under the circumstances is to assume that nothing can happen against you until they go to court and prove they have a viable case. They may never go tat far, especially as such claims rarely end up in court but if it does, you can at least challenge the use of such evidence and hope the judge overturns its use.
Does this answer your query?
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