Westwood v Knight [2012] EWPCC 6 (06 February 2012)

Westwood v Knight [2012] EWPCC 6 (06 February 2012)

The defendant's health evidence does not justify adjournment; no valid reason for non-attendance or non-compliance. Court orders stand and must be complied with regardless of appeal unless a stay is granted. Adjournment granted to allow defendant opportunity to pursue appeal and comply.

Citation
[2012] EWPCC 6
Parties
Claimant: Dame Vivienne Westwood OBE; Defendant: Anthony Knight
Jurisdiction
England and Wales
Judgment Date
06 February 2012
Procedural Posture
Contempt of Court Application / Adjournment of Committal Application
Outcome
Application for committal adjourned for six weeks; defendant's application to adjourn on health grounds refused.
Legal Topics
Contempt of Court, Trade Mark Infringement, Passing Off, Copyright Infringement, Appeal Procedure, Compliance With Court Orders
Intellectual Property Civil Procedure Contempt of Court Trade Mark Infringement Passing Off Copyright Infringement Appeal Procedure Compliance With Court Orders

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 5 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Dame Vivienne Westwood OBE

Claimant

Anthony Knight

Defendant

Procedural Posture

Contempt of Court Application / Adjournment of Committal Application

Legal Issues

  1. 1 Whether the defendant has complied with court orders
  2. 2 Whether the defendant's health excuses non-attendance and non-compliance
  3. 3 Whether pending appeal justifies non-compliance with court orders

Ratio Decidendi

The defendant's health evidence does not justify adjournment; no valid reason for non-attendance or non-compliance. Court orders stand and must be complied with regardless of appeal unless a stay is granted. Adjournment granted to allow defendant opportunity to pursue appeal and comply.

Court Disposition

Application for committal adjourned for six weeks; defendant's application to adjourn on health grounds refused.

Orders

  • Matter re-fixed for 23rd March 2012.
  • Defendant to file and serve any evidence by 9th March 2012.