Ocado Group Plc & Anor v McKeeve [2021] EWHC 3542 (Ch) (21 December 2021)

The court has power under CPR 81.7(1) to order attendance of witnesses for cross-examination by both parties in committal proceedings, given the unusual circumstances where evidence was destroyed and the witnesses' affidavits are material but not served by either party. The process is fair and necessary for proper determination of alleged contempt.

Citation: [2021] EWHC 3542 (Ch)
Parties: Claimant: OCADO GROUP plc; Claimant: OCADO CENTRAL SERVICES LIMITED; Respondent: MR RAYMOND McKEEVE
Jurisdiction: England and Wales
Judgment Date: 21 December 2021
Procedural Posture: Committal Proceedings / Directions Hearing
Outcome: application granted
Legal Topics: Committal Application, Witness Attendance, Cross Examination, Evidence Control

Civil Procedure Contempt of Court Committal Application Witness Attendance Cross Examination Evidence Control

Case Brief

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Parties

OCADO GROUP plc

Claimant

OCADO CENTRAL SERVICES LIMITED

Claimant

MR RAYMOND McKEEVE

Respondent

Procedural Posture

Committal Proceedings / Directions Hearing

Legal Issues

1 Whether the court has power under CPR 81.7(1) to compel witnesses to attend and be cross-examined in committal proceedings
2 Whether the order sought is procedurally fair and appropriate given the unusual circumstances of evidence destruction

Ratio Decidendi

Court Disposition

application granted

Orders

Order compelling Mr. Henery and Mr. Hillary to attend the trial of the committal application for cross-examination by both parties.