Case study: Nissan

The challenge

High Court cases concerning confidential information in the UK play a pivotal role in shaping the legal boundaries surrounding the protection and misuses of sensitive data. In this cross-border case, we acted for global car manufacturer Nissan, after their former Global General Counsel in Japan, Mr Ravinder Passi, brought employment tribunal claims. These claims involved allegations of whistleblowing, detriment and victimisation, both during Mr Passi’s time at Nissan and following the termination of his employment in 2020. 

Our approach

When providing his disclosure in connection with these claims, Nissan learned that Mr Passi had removed and retained hundreds of highly confidential and legally privileged documents. Having discovered this, our team applied to the High Court for an interim injunction requiring Mr Passi to return the documents, destroy all his copies, and provide a statement disclosing what he had used the information for. 

The outcome

The High Court issued the injunction against Mr Passi. As well as ensuring that the above conditions were met, it also ensured that there could be no additional misuse by prospective new employers or other third parties such as journalists. The High Court adopted a clear stance that retaining documents for the purpose of taking legal advice - as Mr Passi claimed he had done - was no justification for keeping confidential information in breach of contract. The case illustrates why employers should implement measures to protect their confidential information, including clearly setting out employee obligations.