Inplayer Ltd & Anor v Thorogood [2014] EWCA Civ 1511 (25 November 2014)

Inplayer Ltd & Anor v Thorogood [2014] EWCA Civ 1511 (25 November 2014)

Findings of contempt cannot stand where the accused was not informed of the allegations, was deprived of the right to silence, and was not informed of entitlement to legal aid, breaching procedural fairness and ECHR Article 6.

Citation
[2014] EWCA Civ 1511
Parties
Claimant/respondent: Inplayer Limited (formerly Invideous Limited); Claimant/respondent: Invideous Dooel-Skopje; Claimant/respondent: Pierre Andurand; Defendant/appellant: Jack Thorogood
Jurisdiction
England and Wales
Judgment Date
25 November 2014
Procedural Posture
Appeal / Court of Appeal Judgment
Outcome
Appeal allowed; findings of contempt quashed.
Legal Topics
Procedural Fairness, Right to Legal Aid, Right to Silence, Fiduciary Duties, Shareholders' Agreement, Committal Proceedings
Civil Procedure Contempt of Court Company Law Procedural Fairness Right to Legal Aid Right to Silence Fiduciary Duties Shareholders' Agreement +1 more

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Parties

Inplayer Limited (formerly Invideous Limited)

Claimant/respondent

Invideous Dooel-Skopje

Claimant/respondent

Pierre Andurand

Claimant/respondent

Jack Thorogood

Defendant/appellant

Procedural Posture

Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether findings of contempt can stand despite procedural irregularities
  2. 2 Whether the appellant was deprived of procedural safeguards in contempt proceedings

Ratio Decidendi

Findings of contempt cannot stand where the accused was not informed of the allegations, was deprived of the right to silence, and was not informed of entitlement to legal aid, breaching procedural fairness and ECHR Article 6.

Court Disposition

Appeal allowed; findings of contempt quashed.

Orders

  • Findings of contempt against Jack Thorogood quashed.
  • Appellant will not recover costs of skeleton argument against respondents.