Cavendish Square Holdings BV & Anor v El Makdessi

Cavendish Square Holdings BV & Anor v El Makdessi

Permission to issue committal proceedings is granted because there is a strong case that the Defendant knowingly made a false and significant statement of truth in his Defence, which was persisted in and only abandoned late in the proceedings, causing substantial wasted costs and undermining the administration of justice. The public interest requires that such conduct be addressed through committal proceedings.

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 (queen’s Bench Division) / Application for Permission to Issue Committal Proceedings for Contempt
Outcome
Permission to issue committal proceedings granted
Legal Topics
Committal for Contempt, False Statement of Truth, Costs, Procedural Law
Civil Procedure Commercial Law Committal for Contempt False Statement of Truth Costs Procedural Law

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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 (queen’s Bench Division) / Application for Permission to Issue Committal Proceedings for Contempt

Legal Issues

  1. 1 Whether permission should be granted to bring committal proceedings for contempt based on alleged false statements of truth in pleadings
  2. 2 Whether the statements in question were knowingly false and significant to the proceedings
  3. 3 Whether it is in the public interest to allow committal proceedings

Ratio Decidendi

Permission to issue committal proceedings is granted because there is a strong case that the Defendant knowingly made a false and significant statement of truth in his Defence, which was persisted in and only abandoned late in the proceedings, causing substantial wasted costs and undermining the administration of justice. The public interest requires that such conduct be addressed through committal proceedings.

Court Disposition

Permission to issue committal proceedings granted

Orders

  • Permission is granted to the Claimants to issue committal proceedings for contempt against the Defendant based on the First Statement in the Defence.