Ocado Group Plc & Anor v McKeeve [2020] EWHC 563 (Ch) (11 June 2020)

Ocado Group Plc & Anor v McKeeve [2020] EWHC 563 (Ch) (11 June 2020)

Ocado failed to establish a prima facie case that Mr McKeeve intentionally caused the destruction of documents of the specific type alleged, as there was insufficient evidence regarding the content of the deleted material and the respondent's intention; therefore, permission to bring committal proceedings was refused.

Citation
[2020] EWHC 563 (Ch)
Parties
Applicant: OCADO GROUP plc; Applicant: OCADO CENTRAL SERVICES LIMITED; Respondent: MR RAYMOND McKEEVE
Jurisdiction
England and Wales
Judgment Date
11 June 2020
Procedural Posture
Application for Permission to Bring Committal Proceedings (criminal Contempt) / Judgment on Application for Permission to Proceed
Outcome
Application refused
Legal Topics
Committal for Contempt, Search Orders, Destruction of Evidence, Prima Facie Case Requirement, Public Interest in Contempt Proceedings
Civil Procedure Contempt of Court Committal for Contempt Search Orders Destruction of Evidence Prima Facie Case Requirement Public Interest in Contempt Proceedings

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Parties

OCADO GROUP plc

Applicant

OCADO CENTRAL SERVICES LIMITED

Applicant

MR RAYMOND McKEEVE

Respondent

Procedural Posture

Application for Permission to Bring Committal Proceedings (criminal Contempt) / Judgment on Application for Permission to Proceed

Legal Issues

  1. 1 Whether a prima facie case of criminal contempt is established against Mr McKeeve for interference with the due administration of justice by causing destruction of evidence subject to a search order
  2. 2 Whether it is in the public interest to grant permission to bring committal proceedings

Ratio Decidendi

Ocado failed to establish a prima facie case that Mr McKeeve intentionally caused the destruction of documents of the specific type alleged, as there was insufficient evidence regarding the content of the deleted material and the respondent's intention; therefore, permission to bring committal proceedings was refused.

Court Disposition

Application refused

Orders

  • Permission to bring committal proceedings against Mr McKeeve is refused.