CORPORATE SURVEILLANCE - Case Study

The Client in this matter was a Company Director who had recently purchased the shareholding of a former co-director. Integral to the purchase agreement was a restrictive covenant which prohibited the outgoing director from trading competitively within a set geographic area or having any business dealings with a number of specific named clients of the former company. Avalon was approached by the Company Director as he believed a breach of both restrictions was occurring.

 
The Client was invited to a meeting at Avalon’s offices where the situation was discussed and legal papers were left for analysis. After initial review, Avalon discovered a small but potentially damaging anomaly in the terms of the restriction. Liaison with the Client and then the Client’s solicitors produced a clear identification as to the limit of any activity that would be considered a clear and enforceable breach of the agreement.

With this information, Avalon put forward a plan of low level covert surveillance and the Client agreed to proceed. Over a period of weeks the Avalon operatives commenced on a schedule of surveillance of varying intensity. With close and regular contact with the Client throughout, the target was observed and his pattern of activity was documented and catalogued.

 
After a number of weeks, Avalon produced a detailed report which contained tangible evidence in various forms of media with proof of the Client’s suspicions. This was essential to the Client being successful in legally enforcing the terms of the original agreement.

Ultimately Avalon’s Client was able to prove breaches of the share purchase agreement and this resulted in a significant award of damages by way of compensation.

The Assignment

Avalon received a phone enquiry from a married man in his 40’s who had concerns over the fidelity of his partner. The Client was invited to meet Avalon to discuss the situation and the options that were open to him to achieve his aims.

The initial free consultation confirmed the classic behavioural indicators of adultery. The Client was suffering emotionally and needed confirmation one way or the other of his suspicions in order to make some important personal decisions.

Avalon looked objectively at the situation and by working closely with the Client a pattern of behaviour by his spouse was identified. This allowed for the identification of a prime surveillance opportunity with the aim of optimising success but minimising the Client’s fee liability.

A difficult surveillance in limited circumstances was executed using undercover investigators and hidden camera technology. The movements and liaisons of the Client’s spouse were recorded and documented in the windows of opportunity that had previously been identified. This discreet covert surveillance confirmed the Client’s suspicions.

The surveillance operation was completed within 75% of the pre agreed time and a report including video and photographic evidence was delivered to the Client. The undeniable nature of the surveillance results enabled him to quickly and positively address his personal situation. This Client was satisfied that Avalon had provided this evidence in a professional and timely manner and that the final fee was less than the initial estimate for the case.

The Assignment

Avalon’s Clients in this instance were grandparents keen to locate the whereabouts of their grandson. The child had moved away with his mother following a family break up a few years previously.

Following an initial phone conversation, the Clients instructed Avalon in a “No Find, No Fee” people tracing exercise. There were strict instructions that no direct contact was to be made. The grandparents were only able to supply limited information relating to the mother and very little information as to a suggested location apart from a suggestion that they might be in the south of England.

Extensive searches through closed data bases and in-depth desk based investigation produced a number of possible matches. Avalon’s field operatives then took over and acting on this information were able to locate both the mother and the grandchild. Photographs were taken to present to the Client confirming that the trace had been successful. The information was provided to the Client within four days of the initial enquiry.

The Clients were delighted that Avalon had completed the assignment in a fast, efficient manner. The address details and photographic evidence were handed over resulting in the Client being aware of their grandson’s location.

The Grandparents were then able to resume contact with the intention of re-uniting the family and being a part of their grandson’s future.

The Assignment