The Daily Telegraph

Ocado brings case against lawyer over ‘burnt’ messages

- By Helen Cahill

OCADO has launched contempt proceeding­s against a senior lawyer who allegedly said to “burn” a private messaging app following claims of corporate espionage.

Ocado alleges Raymond Mckeeve “intentiona­lly deleted documents” after hearing the online grocer was chasing co-founder Jonathan Faiman over claims he stole confidenti­al documents.

Ocado launched its case in the High Court yesterday, saying it would not hesitate to take “any steps necessary” to protect its intellectu­al property.

Mr Faiman reached a settlement with Ocado last year after the company sued him over claims he used confidenti­al documents to bid for deals with Marks & Spencer and Waitrose.

But Ocado is still chasing Mr Faiman’s lawyer. The company alleges he tried to undermine a search order issued against his client and his company, Today Developmen­t Partners.

Court documents allege Mr Faiman and Mr Mckeeve held a series of meetings with M&S in a bid to sign up the supermarke­t as a client. Ocado claims Mr Faiman said he had Ocado’s confidenti­al informatio­n while in those meetings during 2018.

Mr Faiman was issued with a search order by Ocado a year after holding talks with M&S and he quickly informed Mr Mckeeve about the court action.

Mr Mckeeve then ordered Today’s IT manager to “burn” the company’s internal messaging system.

In court documents, Ocado said: “Mr Mckeeve’s actions, as a solicitor and officer of the court, are unpreceden­ted.

“There is no reported case of a solicitor who, in response to a search order, has intentiona­lly deleted documents so as to prevent them from being handed over.

“Such action strikes at the very heart of the administra­tion of justice and the rule of law, and is directly contrary to the primary duty of every solicitor to act honestly and with integrity in the proper administra­tion of justice.”

Mr Mckeeve’s barrister Robert Weekes QC said his client accepted he had made a “serious error of judgment” but that his actions did not constitute contempt of court.

The case continues.

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