Hydropool Hot Tubs Ltd v Roberjot & Anor

Hydropool Hot Tubs Ltd v Roberjot & Anor

Defendants breached mandatory court orders by failing to provide a list of recipients of text messages, knowingly providing a partly false list, failing to provide an exact copy of the Paramount database within the specified time, and swearing a false affidavit. Personal service was dispensed with as Defendants were aware of the orders and consequences. Hydropool did not prove other alleged contempts beyond reasonable doubt.

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 of court established in part against Defendants.
Legal Topics
Contempt of Court, Disclosure Obligations, Database Right, Breach of Confidence, Passing Off, False Affidavits
Civil Procedure Intellectual Property Contract Law Contempt of Court Disclosure Obligations Database Right Breach of Confidence Passing Off +1 more

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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 can be dispensed with

Ratio Decidendi

Defendants breached mandatory court orders by failing to provide a list of recipients of text messages, knowingly providing a partly false list, failing to provide an exact copy of the Paramount database within the specified time, and swearing a false affidavit. Personal service was dispensed with as Defendants were aware of the orders and consequences. Hydropool did not prove other alleged contempts beyond reasonable doubt.

Court Disposition

Contempt of court established in part against Defendants.

Orders

  • Defendants found in contempt for breach of paragraph 3(b) of Kitchin J’s order by failing to provide a list of recipients within time.
  • Defendants found in contempt for breach of paragraph 7 of Floyd J’s order by knowingly providing a partly false list of recipients.