Cavendish Square Holdings BV & Anor v El Makdessi [2012] EWHC 4305 (Comm) (18 December 2012)

Cavendish Square Holdings BV & Anor v El Makdessi [2012] EWHC 4305 (Comm) (18 December 2012)

Permission to issue committal proceedings for contempt is granted because there is a strong case that the Defendant knowingly made a false statement in his Defence and Counterclaim regarding his involvement with Carat after April/June 2008, the statement was significant to the proceedings, and the public interest requires that such conduct be addressed to uphold the integrity of the justice system.

Citation
[2012] EWHC 4305 (Comm)
Parties
Claimant / Part 20 Defendant: Cavendish Square Holdings B.V.; Claimant / Part 20 Defendant: Team Y&R Holdings Hong Kong Limited; Defendant / Part 20 Claimant: Talal El Makdessi; Part 20 Defendant: WPP 2005 Limited
Jurisdiction
England and Wales
Judgment Date
18 December 2012
Procedural Posture
Commercial Court Proceedings With Application for Permission to Issue Committal Proceedings for Contempt / Post Liability Judgment, Application for Permission to Issue Committal Proceedings
Outcome
Permission granted to the Claimants to issue committal proceedings for contempt against the Defendant.
Legal Topics
Committal for Contempt, False Statements, Statements of Truth, Costs, Disclosure, Fiduciary Duty, Restrictive Covenants
Civil Procedure Commercial Law Committal for Contempt False Statements Statements of Truth Costs Disclosure Fiduciary Duty +1 more

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Parties

Cavendish Square Holdings B.V.

Claimant / Part 20 Defendant

Team Y&R Holdings Hong Kong Limited

Claimant / Part 20 Defendant

Talal El Makdessi

Defendant / Part 20 Claimant

WPP 2005 Limited

Part 20 Defendant

Procedural Posture

Commercial Court Proceedings With Application for Permission to Issue Committal Proceedings for Contempt / Post Liability Judgment, Application for Permission to Issue Committal Proceedings

Legal Issues

  1. 1 Whether permission should be granted to the Claimants to issue committal proceedings for contempt against the Defendant for making false statements verified by a statement of truth in pleadings
  2. 2 Whether the Defendant knowingly made false statements in his Defence and Counterclaim
  3. 3 Whether the public interest requires committal proceedings to be brought

Ratio Decidendi

Permission to issue committal proceedings for contempt is granted because there is a strong case that the Defendant knowingly made a false statement in his Defence and Counterclaim regarding his involvement with Carat after April/June 2008, the statement was significant to the proceedings, and the public interest requires that such conduct be addressed to uphold the integrity of the justice system.

Court Disposition

Permission granted to the Claimants to issue committal proceedings for contempt against the Defendant.

Orders

  • Permission to issue committal proceedings for contempt granted.
  • Claimants may proceed with committal application against Defendant.