Expert evidence ordered in corporate espionage case
In a detailed judgment delivered on 6 October 2025, HHJ Hodge KC gave permission for the parties to rely on a single joint expert in the context of an expedited trial due to take place in February 2026.
The Defendant is accused of having misappropriated confidential information belonging to his employer, a hedge fund known as "G-Research”. G-Research seeks injunctive relief in the form of a lengthy, post-employment, non compete covenant. His defence is that this injunctive relief will place the Claimants in a better position than they would have been in but for the Defendant's actions, and is therefore unrealistic and lacking of a basis in precedent.
The Defendant, represented by Kendya Goodman, succeeded on a contested application for expert evidence. A central issue in the case is the ability (or otherwise) of a notional competitor to utilise the allegedly misappropriated information. Directing that the parties had permission to rely on the evidence of a single joint expert on this issue, HHJ Hodge KC found that:
"equality of arms requires that the defendant should be permitted to rely upon expert evidence on this issue. Further, issues of proportionality, timing, and costs, particularly in the context of an expedited trial, indicate that such evidence should be given by a single joint expert, albeit subject to written questioning on their expert report. As Ms Goodman rightly submits, if a third party could not have created a valuable trading strategy off the back of what the defendant misappropriated, then the claimants' entitlement to relief will be severely constrained."
While Kendya appeared alone at the CMC, the Defendant's legal team includes Arnold Ayoo (of Maitland Chambers), and Benn Sheridan (of Henderson Chambers), all instructed by Nabeel Sheikh at Rakasons Ltd.