International Sports Tours Ltd (t/a Inspire Sports) v Shorey & Ors [2015] EWHC 2040 (QB) (17 July 2015)

International Sports Tours Ltd (t/a Inspire Sports) v Shorey & Ors [2015] EWHC 2040 (QB) (17 July 2015)

Summary judgment is granted only on those issues where the Defendant has made clear admissions of breach of confidentiality and restrictive covenants; other issues require trial due to unresolved factual disputes. The Defendant's admitted contempt of court by swearing a false affidavit is punishable without the need for court permission, and in this case, a fine is appropriate rather than a custodial sentence due to mitigating factors.

Citation
[2015] EWHC 2040
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 (high Court, Queen's Bench Division) / Summary Judgment and Committal Application
Outcome
Summary judgment granted in part; Defendant found in contempt of court; fine imposed; costs awarded as specified.
Legal Topics
Restrictive Covenants, Confidential Information, Summary Judgment, Committal for Contempt, Costs
Employment Law Contract Law Civil Procedure Contempt of Court Restrictive Covenants Confidential Information Summary Judgment Committal for Contempt +1 more

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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 (high Court, Queen's Bench Division) / Summary Judgment and Committal Application

Legal Issues

  1. 1 Whether the Defendant breached restrictive covenants and confidentiality obligations under a Settlement Agreement
  2. 2 Whether the Defendant committed contempt of court by swearing a false affidavit
  3. 3 Whether summary judgment should be granted on admitted breaches

Ratio Decidendi

Summary judgment is granted only on those issues where the Defendant has made clear admissions of breach of confidentiality and restrictive covenants; other issues require trial due to unresolved factual disputes. The Defendant's admitted contempt of court by swearing a false affidavit is punishable without the need for court permission, and in this case, a fine is appropriate rather than a custodial sentence due to mitigating factors.

Court Disposition

Summary judgment granted in part; Defendant found in contempt of court; fine imposed; costs awarded as specified.

Orders

  • Summary judgment for Claimant on admitted breaches of confidentiality and restrictive covenants
  • Application for summary judgment on disputed issues refused; those issues to proceed to trial