COVERIS FLEXIBLES UK LIMITED v SIMON BREARS & Ors

COVERIS FLEXIBLES UK LIMITED v SIMON BREARS & Ors

The seriousness, deliberateness, and sustained nature of Mr Brears' contempts, including obstruction of a search order, destruction of evidence, breach of injunctions, and false statements, warranted an immediate custodial sentence of 14 months. Mitigation factors, including mental health and admissions, did not justify suspension. Costs were awarded on the indemnity basis, with a payment on account.

Parties
Claimant: Coveris Flexibles UK Limited; First Defendant: Mr Simon Brears; Second Defendant: Globe Imports and Sourcing Limited; Third Defendant: Mr David Jack Harbinson; Fourth Defendant: H&H Print Solutions Limited
Jurisdiction
England and Wales
Judgment Date
21 June 2022
Procedural Posture
Committal Application / Judgment on Sentence
Outcome
Immediate custodial sentence imposed; costs awarded to claimant.
Legal Topics
Committal for Contempt, Breach of Injunction, False Statements, Costs in Committal Proceedings
Civil Procedure Contempt of Court Committal for Contempt Breach of Injunction False Statements Costs in Committal Proceedings

Case Brief

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Parties

Coveris Flexibles UK Limited

Claimant

Mr Simon Brears

First Defendant

Globe Imports and Sourcing Limited

Second Defendant

Mr David Jack Harbinson

Third Defendant

H&H Print Solutions Limited

Fourth Defendant

Procedural Posture

Committal Application / Judgment on Sentence

Legal Issues

  1. 1 What is the appropriate sentence for multiple contempts of court?
  2. 2 Should the custodial sentence be suspended?
  3. 3 What is the proper costs order in committal proceedings with criminal legal aid?

Ratio Decidendi

The seriousness, deliberateness, and sustained nature of Mr Brears' contempts, including obstruction of a search order, destruction of evidence, breach of injunctions, and false statements, warranted an immediate custodial sentence of 14 months. Mitigation factors, including mental health and admissions, did not justify suspension. Costs were awarded on the indemnity basis, with a payment on account.

Court Disposition

Immediate custodial sentence imposed; costs awarded to claimant.

Orders

  • Mr Brears sentenced to 14 months' imprisonment for contempt of court.
  • Mr Brears to pay Coveris's costs on the indemnity basis, subject to detailed assessment.