Partnership and Director Dispute Investigations

A company breaking up leaves its own systems as the only participant with nothing to gain from the outcome. The accounting package, the mailboxes, the shared drive and the server logs hold a dated account of what was invoiced, what was taken out, where the enquiries went and which login was in use at the time. Capturing that before it thins, and setting it out so neither side can dismiss it, is the whole of this instruction.

Neutral handling, published figures. £800 + VAT examined and reported; £400 + VAT for the verified image and its extracted material, which is the recorder and encrypted-drive price point. Diagnosis free, scope agreed in writing, joint instructions accepted. Forensic work is outside no fix, no fee. A failed array is from £500 + VAT.

Access proves nothing here. Everybody had it

That is what makes these disputes different from an employee matter. Nobody is arguing about who could open the ledger; both parties could, both did, daily, for years. The argument is about what was done to the records and on which day, which turns dating into the entire exercise. Fortunately the systems that matter keep their own accounts and none of them belong to either party. An accounting package writes an audit trail whether or not the visible ledger looks tidy, so an invoice altered or removed after the fact usually shows. A shared drive keeps a change journal. A mail server keeps transport records no mailbox owner can edit.

A ledger rebuilt from one source invites an argument

So the reconstruction runs from as many directions as the business has. Invoices and statements that were deleted often survive in unallocated space. The accounting package keeps backup sets of its own, frequently several generations deep and forgotten by everybody. Year-end exports sent to an accountant tend to be sitting in a sent items folder still. The file server holds shadow copies of itself. Four sources that agree are close to unanswerable; four that disagree are more interesting again, because the disagreement is the finding and the report prints the versions beside one another with their dates rather than picking a favourite.

Work that went elsewhere leaves receipts in several places

Diversion cannot be done from one system, which is why it is so often provable. A rule was created to push enquiries onward, and the rule carries the date it was made. The website's form notifications were pointed at a different address, and that is a configuration change with a timestamp. Quotations were drawn up on company hardware for a company that is not this one, and the drafts are still in a temporary folder. A contact database was exported once, in a month when nothing else was exported at all. Domain or hosting records moved, from an identifiable account. Read in date order against the fall in turnover, the sequence tends to speak for itself.

What to do when one side has changed every password

Half these calls come from exactly that position. The starting point is that the systems belong to the company, not to whoever is currently holding the credentials, so an instruction given by the company or by a director acting with its authority is a sound basis to work from. Where the authority to give that instruction is itself in dispute, as it usually is in a two-director company, the practical answers are a protocol settled between the solicitors or a short application to the court, and neither takes as long as people fear. What will not happen is anybody's password being worked around on the strength of one side's account of who is entitled to what.

Neutrality is a set of arrangements, not a promise

By this stage both parties distrust everything, frequently for good reason, and an examiner who looks like one side's instrument is of no use to either. So it is handled structurally. Where both solicitors will agree the scope and the questions, the instruction is taken jointly and every finding is released to both firms in the same moment, welcome or not. Where only one side instructs, the report states that on its front page, records the questions it was asked, and gives the range of opinion wherever the material supports more than one reading — which CPR Part 35 requires of an expert regardless of who is paying.

Custody and method are on the forensic practice hub, mailbox and tenancy work at email and cloud exfiltration, access and credentials at insider threat forensics, and dating removals at deleted-file forensics. Where a server or an array has failed rather than been interfered with, that is ordinary server recovery from £500 + VAT.

// when to freeze the systems

The point at which images should be taken

In a two-director company, or a family firm in any of the market towns, one of these is the point to capture rather than wait and see how it develops.

A ledger whose turnover stopped matching the work leaving the workshop
Enquiries thinning out here and surfacing at a company registered last month
A shared mailbox or drive emptied in the week around the handover
Figures that look as though they have been revised since the argument began
Logins changed overnight, with one partner shut out of everything by morning
A mediation or a hearing already in the diary, solicitors instructed on both sides
// what the firm's own systems still hold

Six strands out of one business

Every line is dated, tied to a login, and traced to the system it came off, so either party can go and check it for themselves.

The books, rebuilt

Deleted invoices and statements, set beside package backups and old exports.

Correspondence

Mail sent, deleted and redirected, each entry carrying the date it belongs to.

Where trade went

The path enquiries and quotations took instead, and the account behind each.

Shared storage

Every move and removal across the file server, ordered into one dated run.

What was carried off

Removable media and personal cloud accounts that received company files.

A single sequence

Amendments, deletions and transfers in an order either side can test.

// the fee, and who may lawfully ask for it

What it costs, and the authority it stands on

Two figures, and who is paying which half

£800 + VAT is a system examined and reported on; £400 + VAT is a device imaged, verified and stripped of its deleted material with no findings written. In a company dispute the second figure often does the early work — capturing the accounts machine, the shared drive and the mailboxes before anybody has agreed what is actually being asked — and the examination is commissioned afterwards from the images already held. £400 is not a band peculiar to this work; a CCTV recorder disk and an encrypted volume sit at exactly the same point, which is why the list runs to five prices.

£400 + VATPreservation while the two sides argue about scope. Imaged, hashed, sealed, logged, nothing read.
£800 + VATThe examination, once the question exists, run from the stored image and released to whoever the instruction says.

Investigations are one of the four published exclusions from no fix, no fee, with electronic and mechanical failure, chip-level work and DVR jobs. In a dispute where each side expects the answer to favour them, an examiner paid on results would be useless to both, so the fee is fixed before the work starts. Each figure assumes one machine and one question; an estate of servers and workstations is measured in the free diagnostic and quoted in writing. The diagnostic costs nothing and closes two working days after booking in at Oxford. An array that has simply failed is ordinary recovery from £500 + VAT, not investigation time.

Who can give the instruction when the board is split

Instructions are taken from the company, from a director acting with the company's authority, or jointly from both sides' solicitors — the second and third being the ordinary written-instruction route, with insurers and the court on the same footing. The third route generally, a private client's own hardware, applies to a director's personal machine only where that director is the one asking. What will not happen is anybody's password being worked around on the strength of one side's account of who is entitled to what; where the authority to instruct is itself disputed, the answer is a protocol between the solicitors or a short application to the court. Monitoring software is not supplied, fitted or advised on. Live traffic is not intercepted, which the Investigatory Powers Act 2016 reserves to bodies this is not one of. Phones and tablets are not examined here.

// company disputes — the first conversation

What directors want to know once it has gone wrong

Usually, and rarely from only one place. Removed records sit in unallocated space for a while. The accounting software keeps backups and an audit trail of its own. Exports that went to the accountant are generally still in a mailbox somewhere. The file server holds shadow copies. Capture the systems early and most of that is intact; leave it a quarter and some of it is not. Where the sources contradict each other, that contradiction is reported with its dates rather than smoothed over.
It can often be proved, precisely because it needs several systems working together and each keeps a record the person using it does not control. A rule has a creation date. A redirected form notification is a configuration change. A quotation for another business sitting on your hardware has timestamps. A one-off bulk export of the contact database is a dated event. Any one of those is arguable. Five of them in sequence, laid against the turnover figures, generally are not.
Everything the company owns: the server or the NAS, the machine the accounts run on, the desktops and laptops it issued, the mailboxes and the cloud tenancy. A director's own laptop or personal account is their property and falls outside unless the solicitors agree otherwise or the court directs it. Fixing that boundary at the start is what stops the other side attacking the evidence at the end instead of answering it.
Structurally, not by assurance. Where both solicitors will settle the scope and the questions beforehand, the instruction is joint and every finding goes to both firms simultaneously. Every image carries a hash and every step is logged, so either party can put their own expert over the handling and check it independently. Where only one side instructs, the report says so plainly and sets out the range of opinion wherever the evidence permits one.
No, and stopping would be the wrong call. Servers stay where they are and are captured by targeted extract to a scope agreed in advance. A workstation that has to be imaged is normally out of use for a day or two and can be scheduled around the trading week. The one thing that does have to stop is anything automatic that destroys material while the dispute runs: mailbox retention, log rotation, backup expiry and the disposal of old hardware.
// getting your media to Oxford

Posting a device in — what goes in the box

An estate of servers wants a plan rather than a parcel, so call 0800 689 0668 before anything is unplugged and we will settle what gets captured in place and what genuinely has to travel. Where disks do come in, it is members only, each marked with its bay position, and a photograph of the chassis front before anything is pulled. No collection service exists anywhere in this network and there is no Coventry counter: tracked and insured post to Oxford, or over the counter there in office hours.

As a rule the storage comes out and the machine stays where it is. That applies to a laptop, a tower, an iMac and to the recorder sitting under a counter. Taking equipment apart is not something this bench does, and a repair shop will free a drive in a few minutes. Two things go the other way: an external drive stays sealed inside its own case, and a NAS travels as a complete unit with its disks still in their bays. A Fusion Mac is a third case — both of its drives come out and travel together, each one labelled. The single situation nobody can work around is memory soldered flat onto a mainboard, which is how Apple Silicon Macs and a good many slim laptops are built: if the storage will not unbolt, there is no parcel to send.

  • Use a box or padded mailer with some rigidity to it, and pack around the drive until nothing shifts when the parcel is tilted. Mains adaptors, docks and leads are not wanted at this end.
  • Sending a RAID or a server? Only the member disks travel — not the chassis, not the controller — and each one wants its bay number written on it. Take a photograph of the front of the unit before anything is pulled; it costs nothing and now and again it saves a day.
  • Print the shipping and booking-in form (PDF), add a name, a number you will answer and a sentence on how the trouble began, and drop it in beside the media.
  • Most people use Special Delivery, which is tracked and covered; a courier of your own does the same job. You can also bring it: the Oxford reception takes devices over the counter, Mon–Fri 9:00am–5:30pm. Neither a Coventry counter nor a collection round exists.
// write this on the label

Oxford Data Recovery

John Eccles House
Oxford Science Park
Robert Robinson Avenue
Littlemore, Oxford, OX4 4GP

↓ Print the shipping & booking-in form (PDF)

Put Oxford Data Recovery on the label. From Coventry it is roughly fifty-five miles straight down the M40, about an hour if you would rather drive it in than post it. Either way you are told the moment it is logged, and the free diagnostic finishes two working days later.

Unsure what ought to go in the box? Ring 0800 689 0668 before you seal it, or work through the free online diagnostic and let it do the asking.

The systems are the only neutral party left.

Backups roll, logs expire and shared drives get tidied by somebody. Ring the freephone and we will scope it with you, jointly if both firms would rather.