Coveris Flexibles UK Ltd v Brears & Ors [2022] EWHC 1594 (QB) (21 June 2022)

Coveris Flexibles UK Ltd v Brears & Ors [2022] EWHC 1594 (QB) (21 June 2022)

Given the seriousness, deliberateness, and sustained nature of the contempts—including obstruction of a search order, destruction of evidence, breaches of injunction, and multiple false statements—only an immediate custodial sentence of 14 months is commensurate with the gravity of the conduct. Mitigation and admissions warrant some reduction, but not suspension.

Citation
[2022] EWHC 1594
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 for Contempt of Court / Sentencing Judgment After Admissions of Contempt
Outcome
First Defendant sentenced to 14 months' immediate imprisonment for contempt of court. Costs awarded to Claimant on indemnity basis, subject to detailed assessment if not agreed.
Legal Topics
Contempt of Court, Breach of Injunction, Breach of Fiduciary Duty, Breach of Contract, Breach of Confidence, Unlawful Means Conspiracy, Destruction of Evidence, False Statements to Court
Civil Procedure Employment Law Commercial Law Contempt of Court Breach of Injunction Breach of Fiduciary Duty Breach of Contract Breach of Confidence +3 more

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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 for Contempt of Court / Sentencing Judgment After Admissions of Contempt

Legal Issues

  1. 1 What is the appropriate sentence for multiple contempts of court involving breach of search order, destruction of evidence, breach of injunction, and false statements?
  2. 2 Should the custodial sentence be suspended given the defendant's mitigation and admissions?

Ratio Decidendi

Given the seriousness, deliberateness, and sustained nature of the contempts—including obstruction of a search order, destruction of evidence, breaches of injunction, and multiple false statements—only an immediate custodial sentence of 14 months is commensurate with the gravity of the conduct. Mitigation and admissions warrant some reduction, but not suspension.

Court Disposition

First Defendant sentenced to 14 months' immediate imprisonment for contempt of court. Costs awarded to Claimant on indemnity basis, subject to detailed assessment if not agreed.

Orders

  • Order of committal and warrant of committal to issue immediately against Mr Brears for 14 months' imprisonment.
  • Costs order in favour of Claimant on indemnity basis, to be assessed if not agreed.