Flogas Britain Ltd v Attock Metal & LPG Ltd & Anor [2018] EWHC 1415 (QB) (08 June 2018)

Flogas Britain Ltd v Attock Metal & LPG Ltd & Anor [2018] EWHC 1415 (QB) (08 June 2018)

The Defendants, having knowingly received and understood the undertakings, intentionally breached them by filling and supplying LPG in Flogas cylinders, as evidenced by routine business practices and test purchases. The breaches were deliberate and for financial gain, satisfying the criminal standard for contempt of court.

Citation
[2018] EWHC 1415
Parties
Claimant: Flogas Britain Limited; First Defendant: Attock Metal & LPG Limited; Second Defendant: Mohammed Hanif
Jurisdiction
England and Wales
Judgment Date
08 June 2018
Procedural Posture
Contempt of Court Application / Judgment on Liability, Pending Submissions on Penalty
Outcome
Defendants found in contempt of court for breach of undertakings; penalty to be determined after further submissions.
Legal Topics
Contempt of Court, Breach of Undertaking, Injunctions, Enforcement of Court Orders
Civil Procedure Commercial Law Contempt of Court Breach of Undertaking Injunctions Enforcement of Court Orders

Case Brief

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Parties

Flogas Britain Limited

Claimant

Attock Metal & LPG Limited

First Defendant

Mohammed Hanif

Second Defendant

Procedural Posture

Contempt of Court Application / Judgment on Liability, Pending Submissions on Penalty

Legal Issues

  1. 1 Whether the Defendants breached undertakings given to the Court in 2014 prohibiting the unauthorised filling of Flogas cylinders
  2. 2 Whether the Second Defendant understood and was bound by the undertakings
  3. 3 Whether the breaches were intentional and attributable to the Defendants

Ratio Decidendi

The Defendants, having knowingly received and understood the undertakings, intentionally breached them by filling and supplying LPG in Flogas cylinders, as evidenced by routine business practices and test purchases. The breaches were deliberate and for financial gain, satisfying the criminal standard for contempt of court.

Court Disposition

Defendants found in contempt of court for breach of undertakings; penalty to be determined after further submissions.

Orders

  • Defendants adjudged to have breached undertakings given to the Court in 2014.
  • Further submissions invited on penalty, including financial penalty for the First Defendant and possible non-custodial sentence for the Second Defendant.