International Sports Tours Ltd (t/a Inspire Sports) v Shorey & Ors

International Sports Tours Ltd (t/a Inspire Sports) v Shorey & Ors

Summary judgment is granted on admitted breaches of restrictive covenants and misuse of confidential information. The Defendant is found in contempt of court for knowingly swearing a false affidavit, but due to early admission, mitigation, and limited prejudice, a fine rather than a custodial sentence is imposed. The committal application is valid as it is based solely on affidavit evidence and does not require permission.

Parties
Claimant/applicant: International Sports Tours Limited T/A Inspire Sports; 1st Defendant/respondent: Mr Thomas Shorey; 2nd Defendant: Equity Inspiring Learning Limited; 3rd Defendant: Sport Academies Limited
Jurisdiction
England and Wales
Judgment Date
17 July 2015
Procedural Posture
Civil (contract/confidential Information/contempt) / Summary Judgment and Committal Application
Outcome
Summary judgment granted in part; Defendant found in contempt; fine imposed; costs orders made.
Legal Topics
Restrictive Covenants, Confidential Information, Summary Judgment, Committal for Contempt, Costs

Case Brief

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Parties

International Sports Tours Limited T/A Inspire Sports

Claimant/applicant

Mr Thomas Shorey

1st Defendant/respondent

Equity Inspiring Learning Limited

2nd Defendant

Sport Academies Limited

3rd Defendant

Procedural Posture

Civil (contract/confidential Information/contempt) / Summary Judgment and Committal Application

  1. 1 Whether the Defendant breached restrictive covenants and misused confidential information
  2. 2 Whether summary judgment should be granted on admitted breaches
  3. 3 Whether the Defendant is in contempt of court for knowingly swearing a false affidavit

Ratio Decidendi

Summary judgment is granted on admitted breaches of restrictive covenants and misuse of confidential information. The Defendant is found in contempt of court for knowingly swearing a false affidavit, but due to early admission, mitigation, and limited prejudice, a fine rather than a custodial sentence is imposed. The committal application is valid as it is based solely on affidavit evidence and does not require permission.

Court Disposition

Summary judgment granted in part; Defendant found in contempt; fine imposed; costs orders made.

Orders

  • Summary judgment for Claimant on admitted breaches; remaining issues to proceed to trial.
  • Defendant fined £1,000 for contempt, payable within 28 days.