Hydropool Hot Tubs Ltd v Roberjot & Anor [2011] EWHC 121 (Ch) (04 February 2011)

Hydropool Hot Tubs Ltd v Roberjot & Anor [2011] EWHC 121 (Ch) (04 February 2011)

Defendants breached mandatory court orders by failing to provide a list of recipients, knowingly providing a partly false list, failing to provide an exact copy of the Paramount database, and swearing a false affidavit. Personal service was dispensed with as Defendants were aware of orders and consequences.

Citation
[2011] EWHC 121 (Ch)
Parties
Claimant: Hydropool Hot Tubs Limited; First Defendant: John Roberjot; Second Defendant: Paramount Hot Tubs Limited
Jurisdiction
England and Wales
Judgment Date
04 February 2011
Procedural Posture
Contempt of Court Application / Judgment on Contempt Application
Outcome
Contempt established in part against Defendants
Legal Topics
Contempt of Court, Disclosure Obligations, Database Right, Breach of Confidence, False Affidavits
Civil Procedure Intellectual Property Commercial Law Contempt of Court Disclosure Obligations Database Right Breach of Confidence False Affidavits

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Parties

Hydropool Hot Tubs Limited

Claimant

John Roberjot

First Defendant

Paramount Hot Tubs Limited

Second Defendant

Procedural Posture

Contempt of Court Application / Judgment on Contempt Application

Legal Issues

  1. 1 Whether Defendants breached mandatory court orders by failing to disclose required information
  2. 2 Whether Defendants knowingly swore false affidavits
  3. 3 Whether personal service of orders was required for contempt proceedings

Ratio Decidendi

Defendants breached mandatory court orders by failing to provide a list of recipients, knowingly providing a partly false list, failing to provide an exact copy of the Paramount database, and swearing a false affidavit. Personal service was dispensed with as Defendants were aware of orders and consequences.

Court Disposition

Contempt established in part against Defendants

Orders

  • Defendants found in contempt for breaches of court orders and swearing false affidavit
  • Further submissions invited in light of new evidence