Advetec Holdings Ltd v Shaw & Anor

Advetec Holdings Ltd v Shaw & Anor

Permission to bring committal proceedings is granted due to the exceptional breadth and seriousness of alleged false statements and breaches, which are not trivial and go to the heart of the case. The application is properly particularised and in the public interest. The Claimant is allowed to amend the Particulars of Claim. The Claimant is released from its undertaking to employ the First Defendant, with the injunction continuing only while employment persists. Security for costs is maintained but not enlarged.

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
Civil / Ruling on Applications for Permission to Bring Committal Proceedings, Amendment of Particulars of Claim, Release From Undertakings, and Security for Costs
Outcome
Permission granted for committal proceedings; amendment of Particulars of Claim allowed; Claimant released from employment undertaking; injunction continues only while employment persists; security for costs maintained; enlargement of security refused.
Legal Topics
Committal Proceedings, False Statements, Breach of Injunction, Amendment of Pleadings, Security for Costs, Employment Termination, Restrictive Covenants
Employment Law Civil Procedure Injunctions Contempt of Court Committal Proceedings False Statements Breach of Injunction Amendment of Pleadings +3 more

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Parties

Advetec Holdings Limited

Claimant

Craig Andrew Shaw

First Defendant

Green Gold Consulting Limited

Second Defendant

Procedural Posture

Civil / Ruling on Applications for Permission to Bring Committal Proceedings, Amendment of Particulars of Claim, Release From Undertakings, and Security for Costs

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 Claimant should be allowed to amend the Particulars of Claim
  3. 3 Whether the Claimant should be released from its undertaking to employ the First Defendant

Ratio Decidendi

Permission to bring committal proceedings is granted due to the exceptional breadth and seriousness of alleged false statements and breaches, which are not trivial and go to the heart of the case. The application is properly particularised and in the public interest. The Claimant is allowed to amend the Particulars of Claim. The Claimant is released from its undertaking to employ the First Defendant, with the injunction continuing only while employment persists. Security for costs is maintained but not enlarged.

Court Disposition

Permission granted for committal proceedings; amendment of Particulars of Claim allowed; Claimant released from employment undertaking; injunction continues only while employment persists; security for costs maintained; enlargement of security refused.

Orders

  • Permission granted to bring committal proceedings against First Defendant.
  • Claimant allowed to amend Particulars of Claim.