Seatriever International Holdings Ltd v Daly

Seatriever International Holdings Ltd v Daly

Mr Daly deliberately breached court orders and undertakings by concealing and deleting the JBB email account and Dropbox, failing to deliver up the family iPad and hard copy documents, and making false statements of truth without honest belief in their truth. The breaches were intentional, calculated, and prejudiced the Claimant. The contempts were established to the criminal standard and warranted a custodial sentence.

Parties
Claimant: Seatriever International Holdings Limited; Defendant: Andrew Daly
Jurisdiction
England and Wales
Judgment Date
03 October 2018
Procedural Posture
Committal Application (contempt of Court) / Judgment After Hearing of Committal Applications
Outcome
Committal to prison for contempt of court
Legal Topics
Committal for Contempt, Breach of Court Orders, False Statements of Truth, Disclosure Obligations
Civil Procedure Contempt of Court Committal for Contempt Breach of Court Orders False Statements of Truth Disclosure Obligations

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Parties

Seatriever International Holdings Limited

Claimant

Andrew Daly

Defendant

Procedural Posture

Committal Application (contempt of Court) / Judgment After Hearing of Committal Applications

Legal Issues

  1. 1 Whether Mr Daly breached court orders and undertakings by concealing and deleting email accounts and documents, failing to deliver up devices and documents, and making false statements of truth.
  2. 2 Whether the breaches were intentional and deliberate, and whether the false statements were made without honest belief in their truth.

Ratio Decidendi

Mr Daly deliberately breached court orders and undertakings by concealing and deleting the JBB email account and Dropbox, failing to deliver up the family iPad and hard copy documents, and making false statements of truth without honest belief in their truth. The breaches were intentional, calculated, and prejudiced the Claimant. The contempts were established to the criminal standard and warranted a custodial sentence.

Court Disposition

Committal to prison for contempt of court

Orders

  • Mr Daly is committed to Her Majesty’s Prison Manchester for 182 days (6 months).
  • Proceedings against Mr Daly are stayed until 28 days after his release from custody.