Waste firm agrees not to use rival's computer data

ONE51 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 that was allegedly wrongly downloaded by one of the managers.

The undertakings by the six defendants were announced yesterday by 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 Tom Fogarty on January 3rd, 4th and 5th last and retained by Mr Fogarty until January 11th.

Mr Binman Ltd, the largest domestic waste company in the midwest region and based in Grange, Co Limerick, claims the five managers immediately began business in competition with it after they all left the company on the same day last January.

It claims they are conspiring with One51 to take over Mr Binman's business.

Mr Binman claims the five are now employed at a company operating from premises on the Ballysimon Road in Limerick controlled or supervised by One51, which has a range of business interests and had unsuccessfully sought to buy Mr Binman in 2006.

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 to a portable hard drive prior to his departure from the firm.

The action is also against four other former senior employees - Ciarán 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 against One51, of Thomas Street, Dublin.

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

In earlier applications, the court heard One51 had in March 2006 sought to buy all or a substantial part of Mr Binman's business but were told it was not interested in selling.

The five managers had left the company last January in circumstances about which Mr Binman had no intimation, it is claimed.

Mr Fogarty, the former technology manager, has claimed he was bullied and wanted the information to protect himself.

He has also claimed that "unorthodox practices", including overcharging of customers, were rife in the Mr Binman company.

Those claims have been denied.