Minstrell Recruitment Ltd v Lockett & Anor [2020] EWHC 3537 (Ch) (21 December 2020)

Minstrell Recruitment Ltd v Lockett & Anor [2020] EWHC 3537 (Ch) (21 December 2020)

Mr. Lockett was found to have breached the injunction by making untrue and disparaging statements about Minstrell and its directors/managers on social media, which he admitted. The court found that the standard of proof for contempt was met for these breaches. Other alleged breaches were not proved to the requisite standard. The court also found that Minstrell's employee, Mr. Pogmore, had fabricated evidence and attempted to entrap Mr. Lockett, which reflected poorly on Minstrell but did not excuse Mr. Lockett's contempt. The seriousness of the contempts was mitigated by the conduct of Minstrell's staff and the context of the dispute.

Citation
[2020] EWHC 3537 (Ch)
Parties
Claimant: Minstrell Recruitment Limited; First Defendant: John Lockett; Second Defendant: Lion Recruitment Solutions Limited
Jurisdiction
England and Wales
Judgment Date
21 December 2020
Procedural Posture
Contempt of Court Application / Judgment After Full Hearing on Liability and Sanction
Outcome
Contempt proved in part; sanction imposed for admitted and proved contempts; other allegations dismissed.
Legal Topics
Post Employment Restrictive Covenants, Breach of Injunction, Disparaging Statements, Falsification of Evidence, Mitigation in Contempt Proceedings
Employment Law Civil Procedure Injunctions Contempt of Court Post Employment Restrictive Covenants Breach of Injunction Disparaging Statements Falsification of Evidence +1 more

Case Brief

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Parties

Minstrell Recruitment Limited

Claimant

John Lockett

First Defendant

Lion Recruitment Solutions Limited

Second Defendant

Procedural Posture

Contempt of Court Application / Judgment After Full Hearing on Liability and Sanction

Legal Issues

  1. 1 Whether Mr. Lockett breached the terms of the injunction granted by HHJ Eyre QC on 28 September 2018
  2. 2 Whether Mr. Lockett made untrue disparaging statements about Minstrell and its directors/managers in breach of the order
  3. 3 Whether Mr. Lockett solicited or dealt with Minstrell's clients in breach of post-employment restrictive covenants

Ratio Decidendi

Mr. Lockett was found to have breached the injunction by making untrue and disparaging statements about Minstrell and its directors/managers on social media, which he admitted. The court found that the standard of proof for contempt was met for these breaches. Other alleged breaches were not proved to the requisite standard. The court also found that Minstrell's employee, Mr. Pogmore, had fabricated evidence and attempted to entrap Mr. Lockett, which reflected poorly on Minstrell but did not excuse Mr. Lockett's contempt. The seriousness of the contempts was mitigated by the conduct of Minstrell's staff and the context of the dispute.

Court Disposition

Contempt proved in part; sanction imposed for admitted and proved contempts; other allegations dismissed.

Orders

  • Mr. Lockett committed to prison for contempt, sentence suspended on terms (details in full judgment)
  • Costs awarded to Minstrell, subject to detailed assessment