MBR Acres Limited & Ors v Gillian Frances McGivern

MBR Acres Limited & Ors v Gillian Frances McGivern

The contempt application was dismissed because the Claimants failed to strictly comply with the alternative service order, and Ms McGivern did not have actual or constructive knowledge of the injunction at the time of the alleged breaches. Even if deemed notice was established, her ignorance of the injunction meant no penalty could be imposed. The application was frivolous and totally without merit.

Parties
Claimant/applicant: MBR Acres Limited; Claimant/applicant: Demetris Markou; Claimant/applicant: B&K Universal Limited; Claimant/applicant: Susan Pressick; Respondent: Gillian Frances McGivern
Jurisdiction
England and Wales
Judgment Date
02 August 2022
Procedural Posture
Contempt Application / Judgment After Hearing
Outcome
Contempt application dismissed as totally without merit.
Legal Topics
Persons Unknown Injunctions, Alternative Service, Notice Requirements, Abuse of Process, Civil Restraint Orders
Civil Procedure Injunctions Contempt of Court Persons Unknown Injunctions Alternative Service Notice Requirements Abuse of Process Civil Restraint Orders

Case Brief

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Parties

MBR Acres Limited

Claimant/applicant

Demetris Markou

Claimant/applicant

B&K Universal Limited

Claimant/applicant

Susan Pressick

Claimant/applicant

Gillian Frances McGivern

Respondent

Procedural Posture

Contempt Application / Judgment After Hearing

Legal Issues

  1. 1 Whether Ms McGivern breached the terms of an injunction order as a 'Person Unknown'
  2. 2 Whether alternative service of the injunction was properly effected
  3. 3 Whether actual or constructive knowledge of the injunction is required for contempt liability

Ratio Decidendi

The contempt application was dismissed because the Claimants failed to strictly comply with the alternative service order, and Ms McGivern did not have actual or constructive knowledge of the injunction at the time of the alleged breaches. Even if deemed notice was established, her ignorance of the injunction meant no penalty could be imposed. The application was frivolous and totally without merit.

Court Disposition

Contempt application dismissed as totally without merit.

Orders

  • Claimants must obtain permission of the Court before bringing any further contempt applications against 'Persons Unknown'.