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

The Defendants, having knowingly given undertakings to the Court not to fill or supply LPG in Flogas cylinders, intentionally breached those undertakings on 3 and 24 November 2017. The breaches were committed with knowledge of the order and its significance, and constitute contempt of court beyond reasonable doubt.

Citation: [2018] EWHC 1415 (QB)
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 Whether the Defendants breached undertakings given to the Court in 2014
2 Whether the breaches were intentional and with knowledge of the undertakings
3 Whether the Second Defendant understood the undertakings and their significance

Ratio Decidendi

Court Disposition

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