Barclay v Tuck

Barclay v Tuck

The claimant failed to prove, to the criminal standard, that the defendant breached the First or Second Orders. The defendant used best efforts to deactivate blogs (vi) and (vii), and modification of blog (i) was so substantial as to constitute withdrawal. The Second Order's requirements were not breached, and the absence of penal notice was not determinative. None of the alleged breaches justify committal.

Parties
Claimant: Sir David Rowat Barclay; Defendant: Craig Leslie Tuck (calling himself Lord De Chanson)
Jurisdiction
England and Wales
Judgment Date
14 May 2018
Procedural Posture
Application for Committal for Contempt of Court / Judgment After Full Hearing
Outcome
Application for committal dismissed
Legal Topics
Mandatory Injunctions, Committal Proceedings, Interpretation of Court Orders, Enforcement of EU Judgments, Procedural Defects (penal Notice)
Civil Procedure Enforcement of Foreign Judgments Contempt of Court Mandatory Injunctions Committal Proceedings Interpretation of Court Orders Enforcement of EU Judgments Procedural Defects (penal Notice)

Case Brief

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Parties

Sir David Rowat Barclay

Claimant

Craig Leslie Tuck (calling himself Lord De Chanson)

Defendant

Procedural Posture

Application for Committal for Contempt of Court / Judgment After Full Hearing

Legal Issues

  1. 1 Whether the defendant breached the First Order by failing to withdraw webpages at specified URL addresses
  2. 2 Whether the defendant breached the Second Order by failing to use best efforts to deactivate blogs and provide information
  3. 3 Whether modification of webpage content constitutes withdrawal under the First Order

Ratio Decidendi

The claimant failed to prove, to the criminal standard, that the defendant breached the First or Second Orders. The defendant used best efforts to deactivate blogs (vi) and (vii), and modification of blog (i) was so substantial as to constitute withdrawal. The Second Order's requirements were not breached, and the absence of penal notice was not determinative. None of the alleged breaches justify committal.

Court Disposition

Application for committal dismissed