Inplayer Ltd & Anor v Thorogood

Inplayer Ltd & Anor v Thorogood

The findings of contempt cannot stand because Mr Thorogood was not informed of the allegations before judgment, was deprived of his right not to give evidence, and was not informed of his entitlement to legal aid, resulting in breaches of procedural fairness and ECHR Article 6.

Parties
Claimant/respondent: Inplayer Limited (formerly Invideous Limited); Claimant/respondent: Invideous Dooel-Skopje; Claimant/respondent: Pierre Andurand; Defendant/appellant: Jack Thorogood
Jurisdiction
England and Wales
Judgment Date
25 November 2014
Procedural Posture
Civil Appeal / Appeal From High Court Committal Order
Outcome
appeal allowed; findings of contempt quashed
Legal Topics
Committal Proceedings, Procedural Fairness, Fiduciary Duties, Legal Aid Entitlement, Right to Silence
Civil Procedure Contempt of Court Company Law Committal Proceedings Procedural Fairness Fiduciary Duties Legal Aid Entitlement Right to Silence

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Parties

Inplayer Limited (formerly Invideous Limited)

Claimant/respondent

Invideous Dooel-Skopje

Claimant/respondent

Pierre Andurand

Claimant/respondent

Jack Thorogood

Defendant/appellant

Procedural Posture

Civil Appeal / Appeal From High Court Committal Order

Legal Issues

  1. 1 Whether findings of contempt can stand despite procedural irregularities
  2. 2 Whether the appellant was deprived of procedural safeguards in contempt proceedings

Ratio Decidendi

The findings of contempt cannot stand because Mr Thorogood was not informed of the allegations before judgment, was deprived of his right not to give evidence, and was not informed of his entitlement to legal aid, resulting in breaches of procedural fairness and ECHR Article 6.

Court Disposition

appeal allowed; findings of contempt quashed

Orders

  • Findings of contempt against Mr Thorogood quashed
  • Appellant will not recover costs of skeleton argument against respondents