Advetec Holdings Ltd v Shaw & Anor [2020] EWHC 2660 (QB) (09 October 2020)

Advetec Holdings Ltd v Shaw & Anor [2020] EWHC 2660 (QB) (09 October 2020)

Permission to bring committal proceedings is granted because this is an exceptional case where there is a strong prima facie case of false statements and breaches of injunction, and the public interest requires that the matter be dealt with before trial. The application to amend the Particulars of Claim is allowed, with costs reserved. The Claimant is released from its undertaking to employ the First Defendant, and the related injunction is discharged as a corollary.

Citation
[2020] EWHC 2660
Parties
Claimant: Advetec Holdings Limited; First Defendant: Craig Andrew Shaw; Second Defendant: Green Gold Consulting Limited
Jurisdiction
England and Wales
Judgment Date
09 October 2020
Procedural Posture
High Court Civil Proceedings (queen's Bench Division) / Application for Permission to Bring Committal Proceedings and Application to Amend Particulars of Claim
Outcome
Permission to bring committal proceedings granted; application to amend Particulars of Claim allowed; Claimant released from undertaking to employ First Defendant; related injunction discharged.
Legal Topics
Committal for Contempt, False Statements in Witness Evidence, Breach of Injunction, Employment Contract Duties, Disclosure Obligations, Amendment of Pleadings
Civil Procedure Employment Law Injunctions Contempt of Court Committal for Contempt False Statements in Witness Evidence Breach of Injunction Employment Contract Duties +2 more

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Parties

Advetec Holdings Limited

Claimant

Craig Andrew Shaw

First Defendant

Green Gold Consulting Limited

Second Defendant

Procedural Posture

High Court Civil Proceedings (queen's Bench Division) / Application for Permission to Bring Committal Proceedings and Application to Amend Particulars of Claim

Legal Issues

  1. 1 Whether permission should be granted to bring committal proceedings for contempt based on alleged false statements and breaches of injunction
  2. 2 Whether the application to amend Particulars of Claim should be allowed
  3. 3 Whether the Claimant should be released from its undertaking to employ the First Defendant and the related injunction should be discharged

Ratio Decidendi

Permission to bring committal proceedings is granted because this is an exceptional case where there is a strong prima facie case of false statements and breaches of injunction, and the public interest requires that the matter be dealt with before trial. The application to amend the Particulars of Claim is allowed, with costs reserved. The Claimant is released from its undertaking to employ the First Defendant, and the related injunction is discharged as a corollary.

Court Disposition

Permission to bring committal proceedings granted; application to amend Particulars of Claim allowed; Claimant released from undertaking to employ First Defendant; related injunction discharged.

Orders

  • Permission granted to bring committal proceedings against the First Defendant for contempt of court.
  • Claimant granted leave to amend Particulars of Claim; costs of and occasioned by the amendment reserved to the trial judge.