November 16 - Dockwise, the Netherlands-based marine transport company, has confirmed that it is appealing against its recent loss of a court case brought against the ex-ceo of Fairstar Heavy Transport, Philip Adkins, which sought to gain access to the la
Dockwise, which acquired rival heavy lift shipping company Fairstar in a hostile takeover in July this year, claimed that it is legally entitled to see the content of e-mails sent and received by Adkins in the run up to the takeover.
In a significant ruling, a High Court judge sitting in the Technology and Construction Court in London, declared that the content of e-mails created and received is "not property", and Dockwise did not have an enforceable proprietary claim to see the documents.
In so doing, the judge, Mr Justice Edwards-Stuart, effectively rejected the claim by the new owner of Fairstar that Adkins had not revealed a substantial liability to a Chinese shipyard prior to the takeover.
Dockwise argued that access to his e-mails, now stored in England, was necessary to see what had gone on.