GB Minerals Holdings Ltd v Short

GB Minerals Holdings Ltd v Short

There is a strong prima facie case of dishonesty in the false statements of truth regarding Variation Orders 1-17, and the public interest requires committal proceedings to be brought. However, to avoid disruption and oppression, the committal proceedings will be heard at or after the trial, not before.

Source-derived case information.

Parties
Applicant/defendant: GB Minerals Holdings Ltd; Respondent: Michael Short; Claimant: GBM Minerals Engineering Consultants Ltd
Jurisdiction
England and Wales
Judgment Date
22 May 2015
Procedural Posture
Application for Permission to Bring Contempt Proceedings / Ruling on Permission to Bring Committal Proceedings
Outcome
Permission granted to bring committal proceedings for contempt against Mr Short, to be heard at or after the trial at the trial judge's discretion.
Legal Topics
False Statements, Statements of Truth, Variation Orders, Committal Proceedings, Public Interest, Case Management
Civil Procedure Contract Law Contempt of Court False Statements Statements of Truth Variation Orders Committal Proceedings Public Interest +1 more

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Parties

GB Minerals Holdings Ltd

Applicant/defendant

Michael Short

Respondent

GBM Minerals Engineering Consultants Ltd

Claimant

Procedural Posture

Application for Permission to Bring Contempt Proceedings / Ruling on Permission to Bring Committal Proceedings

Legal Issues

  1. 1 Whether there is a strong prima facie case of dishonesty in false statements of truth
  2. 2 Whether public interest requires committal proceedings
  3. 3 Whether committal proceedings should be heard before or after trial

Ratio Decidendi

There is a strong prima facie case of dishonesty in the false statements of truth regarding Variation Orders 1-17, and the public interest requires committal proceedings to be brought. However, to avoid disruption and oppression, the committal proceedings will be heard at or after the trial, not before.

Court Disposition

Permission granted to bring committal proceedings for contempt against Mr Short, to be heard at or after the trial at the trial judge's discretion.

Orders

  • Permission to bring committal proceedings granted.
  • Committal proceedings to be heard at or after the trial, not before.