Oliver v Shaikh [2020] EWHC 2253 (QB) (24 August 2020)

Oliver v Shaikh [2020] EWHC 2253 (QB) (24 August 2020)

The Defendant was in contempt of court by failing to remove material from specified websites and by posting further harassing material about the Claimant, in breach of the injunction. The evidence established beyond reasonable doubt that the Defendant controlled the relevant websites and was responsible for the publications. The Defendant had notice of the proceedings, opportunity to participate, and deliberately absented himself. The procedural requirements for committal were satisfied.

Citation
[2020] EWHC 2253
Parties
Claimant: Simon Oliver; Defendant: Javed Shaikh
Jurisdiction
England and Wales
Judgment Date
24 August 2020
Procedural Posture
Committal Application (contempt of Court) / Judgment on Liability for Contempt; Penalty Adjourned
Outcome
Defendant found in contempt of court; penalty adjourned
Legal Topics
Harassment, Contempt of Court, Injunctions, Online Publication, Service of Process
Civil Procedure Media Law Harassment Contempt of Court Injunctions Online Publication Service of Process

Case Brief

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Parties

Simon Oliver

Claimant

Javed Shaikh

Defendant

Procedural Posture

Committal Application (contempt of Court) / Judgment on Liability for Contempt; Penalty Adjourned

Legal Issues

  1. 1 Whether the Defendant breached the terms of an injunction restraining harassment by failing to remove and by posting further material online about the Claimant
  2. 2 Whether the Defendant is in contempt of court for such breaches

Ratio Decidendi

The Defendant was in contempt of court by failing to remove material from specified websites and by posting further harassing material about the Claimant, in breach of the injunction. The evidence established beyond reasonable doubt that the Defendant controlled the relevant websites and was responsible for the publications. The Defendant had notice of the proceedings, opportunity to participate, and deliberately absented himself. The procedural requirements for committal were satisfied.

Court Disposition

Defendant found in contempt of court; penalty adjourned

Orders

  • Adjournment application refused
  • Committal application heard and determined in Defendant's absence