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A dispute about the use of private investigators highlights some attendant risks, in particular the possibility that the report generated may not be privileged:
Gerrard & Gerrard v Eurasian Natural Resources Corporation Ltd & Diligence International LLC [2020] EWHC 3241 (QB)
Mrs and Mrs Gerrard brought claims for breaches of data protection law, misuse of private information, harassment and trespass arising from surveillance carried out on behalf of ENRC by Diligence International, an investigations company specialising in complex cross-border inquiries. The Gerrards sought to injunct ENRC from making any use of the information obtained by surveillance. The merits of the substantive claims are not considered here, but it is important to note that the attempt to strike out the harassment claim failed.