Waste companies battle it out in court over confidential information

ONE Fifty One plc and five former senior managers of Mr Binman Ltd, a large Midlands waste company, have all undertaken before the High Court not to use confidential information about Mr Binman’s business which was allegedly wrongly downloaded by one of the managers.

The undertakings by the defendants were announced yesterday by Mr Bill Shipsey SC, for Mr Binman, to Mr Justice John Hedigan.

On that basis, an application by Mr Binman for an injunction in the same terms against all six pending the hearing of the full action did not proceed.

The injunction hearing was due to open yesterday but, following discussions between counsel for the various defendants, all six undertook not to use any information downloaded from the Mr Binman computer by Mr Tom Fogarty on January 3, 4 and 5 last and retained by Mr Fogarty until January 11.

Mr Binman Ltd, the largest domestic waste company in the mid-west, of Grange, Co Limerick, claims the five managers immediately began business in competition with it after they all left the company on the same day.

It claims they are conspiring with One Fifty One to takeover Mr Binman’s business.

Mr Binman claims the five are employed at a company operating from premises on the Ballysimon Road in Limerick controlled or supervised by One Fifty One, which has a range of business interests and had unsuccessfully sought to buy Mr Binman last year.

The case is against Mr Binman’s former head of information technology, Mr Fogarty of Annaholty, Birdhill, Co Limerick, who is alleged to have downloaded confidential information on January 3, 4 and 5 onto a portable hard drive prior to his departure from the firm.

The action is also against four other former senior employees — Ciaran Cronin (head of finance) Curaheen South, Askeaton, Co Limerick; Tony O’Brien (head of commercial sales) Carrowmore, Scariff, Co Clare; John O’Brien (sales representative) Ardskeagh, Broadford, Co Clare; Tom Givens, (senior sales) Lisnagry, Mountshannon, Co Limerick — and One Fifty One, of Thomas Street, Dublin.

It is alleged the information downloaded included personal data protected by the Data Protection Acts, and involving personal banking details of 50,000 domestic customers.

In earlier applications, the court heard One Fifty One had sought to buy all or a substantial part of Mr Binman’s business in March 2006 but were told they were not interested in selling.