The All England Lawn Tennis Club (Championships) Ltd & Anor v Nakhuda & Ors [2022] EWHC 3772 (QB) (14 December 2021)

The All England Lawn Tennis Club (Championships) Ltd & Anor v Nakhuda & Ors [2022] EWHC 3772 (QB) (14 December 2021)

The defendant breached the 2017 injunction by purchasing non-transferable tickets during the suspension of a previous committal order. Although the breach was at the lower end of seriousness and for personal use, the aggravating factor of a repeated breach during suspension justified a custodial sentence. However, given the mitigating factors, including admission and apology, the sentence of ten weeks' custody was suspended for two years.

Citation
[2022] EWHC 3772
Parties
Claimant: The All England Lawn Tennis Club (Championships) Limited; Claimant: The All England Lawn Tennis Ground PLC; Defendant: Issa Hanif Nakhuda; Defendant: Adnan Shabbir; Defendant: 1Premier Events Limited; Defendant: Muhammad Junaid Muaawiyah
Jurisdiction
England and Wales
Judgment Date
14 December 2021
Procedural Posture
Contempt of Court Application (civil) / Sentencing/disposal After Admitted Breach of Injunction
Outcome
Defendant found in contempt; sentenced to ten weeks' custody, suspended for two years; ordered to pay costs.
Legal Topics
Injunctions, Ticket Resale, Committal Proceedings, Suspended Sentences
Civil Procedure Contempt of Court Injunctions Ticket Resale Committal Proceedings Suspended Sentences

Case Brief

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Parties

The All England Lawn Tennis Club (Championships) Limited

Claimant

The All England Lawn Tennis Ground PLC

Claimant

Issa Hanif Nakhuda

Defendant

Adnan Shabbir

Defendant

1Premier Events Limited

Defendant

Muhammad Junaid Muaawiyah

Defendant

Procedural Posture

Contempt of Court Application (civil) / Sentencing/disposal After Admitted Breach of Injunction

Legal Issues

  1. 1 Whether the defendant breached the 2017 injunction order by purchasing non-transferable Wimbledon tickets during the suspension period of a previous committal order
  2. 2 What is the appropriate sanction for the admitted contempt, considering aggravating and mitigating factors

Ratio Decidendi

The defendant breached the 2017 injunction by purchasing non-transferable tickets during the suspension of a previous committal order. Although the breach was at the lower end of seriousness and for personal use, the aggravating factor of a repeated breach during suspension justified a custodial sentence. However, given the mitigating factors, including admission and apology, the sentence of ten weeks' custody was suspended for two years.

Court Disposition

Defendant found in contempt; sentenced to ten weeks' custody, suspended for two years; ordered to pay costs.

Orders

  • Ten weeks' custodial sentence suspended for two years imposed on Muhammad Junaid Muaawiyah
  • Defendant to pay £15,000 in costs to the claimants