Farnsworth v Lacy And Ors

Farnsworth v Lacy And Ors

The first and fourth defendants deliberately breached an unambiguous Consent Order by working for a competitor, constituting contempt of court. The breaches were serious and aggravated by concealment and occurred shortly after the order. Mitigation included admission, apology, cooperation, and good character. The...

Source-derived case information.

Parties
Claimant: F W Farnsworth; Defendant: Lacy; Defendant: Court-Johnston; Defendant: Third Defendant (unnamed corporate entity)
Jurisdiction
England and Wales
Judgment Date
10 June 2013
Procedural Posture
Contempt of Court Application / Judgment and Sentencing
Outcome
Defendants found in contempt; custodial sentences suspended; fine imposed.
Legal Topics
Contempt of Court, Breach of Consent Order, Restrictive Covenants, Injunctions
Civil Procedure Employment Law Contempt of Court Breach of Consent Order Restrictive Covenants Injunctions

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Summary, issues, holding and outcome

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Parties

F W Farnsworth

Claimant

Lacy

Defendant

Court-Johnston

Defendant

Third Defendant (unnamed corporate entity)

Defendant

Procedural Posture

Contempt of Court Application / Judgment and Sentencing

Legal Issues

  1. 1 Whether the defendants breached the Consent Order by working for a competitor
  2. 2 Whether the breaches constituted contempt of court
  3. 3 Whether the Consent Order was unambiguous and enforceable without penal notice

Ratio Decidendi

The first and fourth defendants deliberately breached an unambiguous Consent Order by working for a competitor, constituting contempt of court. The breaches were serious and aggravated by concealment and occurred shortly after the order. Mitigation included admission, apology, cooperation, and good character. The third defendant is fined as sequestration is inappropriate.

Court Disposition

Defendants found in contempt; custodial sentences suspended; fine imposed.

Orders

  • Six months imprisonment for first and fourth defendants, suspended for 18 months conditional on compliance with court orders.
  • Fine of £15,000 imposed on third defendant.