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Director dispute and access to email account

Director dispute and access to email account

Postby tristramboris » Wed Oct 16, 2013 1:32 pm

Dear all,

I hope this is the right place for my rather unusual question.

I own 50% of a business and am also a Director (UK Company). There is one other business partner who is also a 50% shareholder and Director.

There are ongoing legal disputes between the two of us - I'm taking action for unfair dismissal and unfair prejudice following exclusion from the Company.

Now, the other Director has stopped our company email account and has registered <<companyname>>@gmail.com where he is handling all company correspondence.

He has not shared access to this account with me.

Can I request Google to lock the account to prevent crucial information that is relevant to legal proceedings from being deleted?

Will Google allow me to have access to this mailbox which, as a Director of the company, I ought to be entitled to?

Is there anything else I ought to do?

Thanks for reading.

TB
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Re: Director dispute and access to email account

Postby atticus » Wed Oct 16, 2013 2:49 pm

Pursue your claims. Concentrate on those cases. Seek such disclosure within those cases as you require.

I doubt that Google will assist. You could set up a gmail account and look at their terms and conditions.
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Re: Director dispute and access to email account

Postby b1969 » Wed Oct 16, 2013 2:56 pm

I would be amazed if Google did either of things you suggest without a court order.
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Re: Director dispute and access to email account

Postby landlordnightmare » Wed Oct 16, 2013 9:29 pm

I am not suggesting that this will work but if approaching gmail provider...

Expalining that the email address has been hijacked by one director and 50% owner of the company against the other director and 50% shareholder that are in legal dispute and the request is only that all incoming and outgoing emails are copied to another address automatically might (just might) meet less resistance particularly if the letter is from a solicitor and the 'copy to address' is that of a solicitor. Or alterantively request that they will be sure to maintain records of all incoming and outgoing emails from the address in case they might be 'supoened' as part of a legal case. (Actually I don't believe that particular supplier ever 'really' deletes anything).

Just a thought... don't hold out much hope for it working - but possibly more likely to work than reqesting a 'blocking of the email address'
Note: I am not legally qualified, just been around a few blocks. The sorry cynic.
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Re: Director dispute and access to email account

Postby Slartibartfast » Wed Oct 16, 2013 9:34 pm

Agree with above, Google will not intervene here and give you joint control of an account owned by one of their customers.
"Judicial tergiversation is not to be encouraged"
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Re: Director dispute and access to email account

Postby landlordnightmare » Wed Oct 16, 2013 9:38 pm

Slartibartfast wrote:Agree with above, Google will not intervene here and give you joint control of an account owned by one of their customers.


That might actually depend on who the 'customer is' if the email address has been set up by 'The Company' rather that the other director 'persoanlly' the OP as the other director and 50% shareholder has equal rights to control it if set up 'by the Company'. My guess, however, is the other Director might be the 'persnonal' customer of Google. Obviously have no idea from here exactly which person (corporate or otherwise) set up the mail account
Note: I am not legally qualified, just been around a few blocks. The sorry cynic.
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Re: Director dispute and access to email account

Postby Slartibartfast » Thu Oct 17, 2013 4:14 am

landlordnightmare wrote:
Slartibartfast wrote:Agree with above, Google will not intervene here and give you joint control of an account owned by one of their customers.


That might actually depend on who the 'customer is' if the email address has been set up by 'The Company' rather that the other director 'persoanlly' the OP as the other director and 50% shareholder has equal rights to control it if set up 'by the Company'.


That's right, and as soon as the OP obtains a court order in a jurisdiction which Google recognises, it can be applied. But Google will not take it upon themselves to decides that A has a right to joint control of an account created by B.
"Judicial tergiversation is not to be encouraged"
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Re: Director dispute and access to email account

Postby dls » Thu Oct 17, 2013 4:53 am

A court is unlikely to make an order without asking why the order is not being sought against the other director first.
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Re: Director dispute and access to email account

Postby dls » Thu Oct 17, 2013 4:56 am

. . and Google would simply say that there is no guarantee that the email account only includes company emails. They would/should want nothing to do with it, and a court may readily agree.
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