Tankaria & Ors v Morgan & Ors

The application for committal fails because the claimants did not prove beyond reasonable doubt that Miss Morgan intentionally breached the order, particularly given her unchallenged evidence of illness and administrative difficulties. Additionally, the procedural requirement for personal service of the order was not satisfied, and no application was made to dispense with or substitute service.

Parties: Claimant: Tankaria and Others; Defendant: Morgan and Others
Jurisdiction: England and Wales
Judgment Date: 20 April 2005
Procedural Posture: Civil Committal Application / Judgment on Application for Committal for Contempt
Outcome: Application for committal dismissed
Legal Topics: Committal for Contempt, Mandatory Injunctions, Personal Service of Orders, Solicitor's Duties

Civil Procedure Professional Conduct Committal for Contempt Mandatory Injunctions Personal Service of Orders Solicitor's Duties

Case Brief

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Full judgment text Downloadable case file Legal principles 2 Authorities cited 2 Party arguments 2 Amounts and remedies 1

Parties

Tankaria and Others

Claimant

Morgan and Others

Defendant

Procedural Posture

Civil Committal Application / Judgment on Application for Committal for Contempt

Legal Issues

1 Whether the defendants, particularly Miss Morgan, were in contempt of court for failing to comply with a mandatory order to deliver up documents and accounts to the claimants' solicitors.
2 Whether the procedural requirements for service of the order were met.

Ratio Decidendi

Court Disposition

Application for committal dismissed