Double Negative Ltd v Mortelette & Ors

Double Negative Ltd v Mortelette & Ors

Mazlum Altun knowingly failed to comply with paragraph 9 of the order by not swearing and serving an affidavit and breached paragraph 11 by informing Joel Butcher of facts and matters arising from the application, amounting to contempt of court.

Parties
Claimant: Double Negative Ltd; First Defendant: Thomas Mortelette; Second Defendant: Persons Unknown; Third Defendant: Joel Butcher; Fourth Defendant: Mazlum Altun
Jurisdiction
England and Wales
Judgment Date
27 March 2018
Procedural Posture
Contempt of Court Application / Judgment on Liability for Contempt, Penalty Adjourned
Outcome
Findings of contempt of court against Mazlum Altun; penalty adjourned.
Legal Topics
Breach of Court Orders, Affidavit Compliance, Confidential Information, Adjournment of Proceedings
Civil Procedure Injunctions Contempt of Court Breach of Court Orders Affidavit Compliance Confidential Information Adjournment of Proceedings

Case Brief

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Parties

Double Negative Ltd

Claimant

Thomas Mortelette

First Defendant

Persons Unknown

Second Defendant

Joel Butcher

Third Defendant

Mazlum Altun

Fourth Defendant

Procedural Posture

Contempt of Court Application / Judgment on Liability for Contempt, Penalty Adjourned

Legal Issues

  1. 1 Whether Mazlum Altun failed to comply with paragraph 9 of the order by not swearing and serving an affidavit as required
  2. 2 Whether Mazlum Altun breached paragraph 11 of the order by informing Joel Butcher of facts and matters arising from the application

Ratio Decidendi

Mazlum Altun knowingly failed to comply with paragraph 9 of the order by not swearing and serving an affidavit and breached paragraph 11 by informing Joel Butcher of facts and matters arising from the application, amounting to contempt of court.

Court Disposition

Findings of contempt of court against Mazlum Altun; penalty adjourned.

Orders

  • Adjournment of penalty hearing to a date in the week commencing 30 April, reserved to the same judge.
  • Invitation to parties to file further written submissions limited to developments between judgment and penalty hearing.