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 there is a strong prima facie case of false statements and breaches of injunction, and the case is exceptional such that the public interest requires committal proceedings to proceed in advance of 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 non-competition injunction is discharged as a corollary.

Citation
[2020] EWHC 2660 (QB)
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 (queen's Bench Division) / Interlocutory 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 employment undertaking; related injunction discharged.
Legal Topics
Committal for Contempt, False Statements in Witness Evidence, Breach of Injunction, Amendment of Pleadings, Employment Fiduciary Duties, Confidential Information
Civil Procedure Employment Law Injunctions Contempt of Court Committal for Contempt False Statements in Witness Evidence Breach of Injunction Amendment of Pleadings +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 (queen's Bench Division) / Interlocutory 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 against the First Defendant for alleged false statements and breaches of injunction
  2. 2 Whether the application to amend the 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 there is a strong prima facie case of false statements and breaches of injunction, and the case is exceptional such that the public interest requires committal proceedings to proceed in advance of 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 non-competition injunction is discharged as a corollary.

Court Disposition

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

Orders

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