News & Articles
Premier Strategies Limited v EDF Tax LLP
Premier Strategies Limited (“PSL”) and three of its directors have agreed to settle High Court proceedings against EDF Tax LLP and its partners Karin Mountain (aka Karin Sowden) and Michelle Mauro (nee Harrison) in respect of the sustained unauthorised access to the confidential email accounts of the three PSL directors. EDF Tax LLP, Ms Mountain and Ms Mauro have agreed to pay a seven figure sum as a term of that settlement.
Ms Mountain and Ms Mauro, in sworn affidavits made under order of the Court, have each admitted that they accessed the email accounts of three PSL directors (which contained highly confidential information related to the business affairs of PSL and the personal affairs of the directors concerned) for a period of around six months. During this time, PSL’s records show that several hundred emails were accessed on a single day alone.
PSL believes that the acts of email interception admitted by Ms Mauro and Ms Mountain amount to an offence under both s1(1) of the Computer Misuse Act 1990 and s1(2) of the Regulatory and Investigation Powers Act 2000. PSL is therefore currently taking further advice regarding the potentially criminal aspects of this matter.
Ms Mountain and Ms Mauro’s conduct was particularly grievous given their position as former senior employees of PSL.
Although both defendants accepted in their affidavits that their behaviour was “wholly inexcusable and wrong”, it is telling that neither Ms Mountain or Ms Mauro ceased illegally accessing the email accounts of their own accord, but only when they were prevented from doing so by changes to passwords.
We believe that the conduct of Ms Mountain and Ms Mauro breached four of the five ethical standards required of members of the Institute of Chartered Accountants of England and Wales and the Chartered Institute of Taxation to whom the matter has now been referred.
The size of the settlement (a seven figure sum) reflects the severity of their actions.
During the High Court proceedings, we have been bound by an order of the court which has until now prevented us sharing with clients, introducers and business partners certain details which came to light during the course of this troubling case. That restriction has now been lifted and we are therefore now relieved to be able to bring these matters to the attention of those people who have business dealings with EDF Tax LLP, Ms Mountain and Ms Mauro and have placed a large degree of trust in their integrity, honesty and professionalism; attributes that their actions of intercepting our emails now seriously call into question.
For more information regarding the matters discussed in this press release please contact any of the following:
Richard Coombs – rcoombs@premier-strategies.com
Mark Edmond – medmond@premier-strategies.com
Matt Hall – mhall@premier-strategies.com
Julie White – jwhite@premier-strategies.com
Tel: 0115 948 9483
Further Background
In September 2010, Matthew Hall, Mark Edmond and Richard Coombs brought proceedings in the High Court, London, against Karin Mountain and Michelle Mauro, both partners of EDF Tax LLP, alleging that they had intercepted their emails throughout a period of six months in 2008. Neither Ms Mountain nor Ms Mauro put forward any defence to these allegations and judgment was entered against them on 13 December 2010.
In consequence of that judgment, Ms Mountain and Ms Mauro were injuncted and ordered to pay damages to the claimants (to be assessed), as well as to each swear affidavits setting out the full extent of their email interception. The affidavits were sworn by Ms Mountain and Ms Mauro on 17 January 2011 but their content was confidential in accordance with the court Order.
Premier Strategies Limited, in the same action, also brought claims against EDF Tax LLP, Ms Mountain and Ms Mauro arising out of the same acts of e-mail interception throughout the same period.
It was only as a result of settlement of those actions that PSL are able to release details of the affidavits of both Ms Mountain and Ms Mauro.
EDF Tax LLP is, and always has been, wholly independent of PSL.