Flogas Britain Ltd v Attock Metal & LPG Ltd & Anor

Flogas Britain Ltd v Attock Metal & LPG Ltd & Anor

Both Defendants knowingly and intentionally breached the 2014 undertakings by filling Flogas cylinders without authority, for financial gain, with the Second Defendant fully aware of the terms and significance of the undertakings and penal notice.

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, Penalty to Be Determined
Outcome
Both Defendants found in contempt of court for breach of undertakings; penalty to be determined after further submissions.
Legal Topics
Contempt of Court, Breach of Undertakings, Unauthorised Supply of LPG, Corporate Liability
Civil Procedure Commercial Law Contempt of Court Breach of Undertakings Unauthorised Supply of LPG Corporate Liability

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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, Penalty to Be Determined

Legal Issues

  1. 1 Whether the Defendants breached undertakings given to the Court in 2014 prohibiting 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 for financial gain

Ratio Decidendi

Both Defendants knowingly and intentionally breached the 2014 undertakings by filling Flogas cylinders without authority, for financial gain, with the Second Defendant fully aware of the terms and significance of the undertakings and penal notice.

Court Disposition

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

Orders

  • Defendants found in contempt of court for breach of undertakings given to the Court in 2014.
  • Further submissions to be made on penalty, including financial penalty for First Defendant and sentencing options for Second Defendant.