Malgar Ltd v RE Leach (Engineering) Ltd [1999] EWHC 843 (Ch) (1 November 1999)

Permission to bring committal proceedings is refused because the alleged false statements were not persisted in, were abandoned quickly, and do not constitute a sufficiently serious interference with the course of justice to warrant prosecution in the public interest. The application is disproportionate and would unnecessarily interfere with ongoing substantive proceedings.

Citation: [1999] EWHC 843 (Ch)
Parties: Claimant: Malgar Ltd.; Defendant: R. E. Leach (Engineering) Ltd.; Defendant Officer: Mr. Eric Leach; Defendant Officer: Mr. Mills
Jurisdiction: England and Wales
Judgment Date: 01 November 1999
Procedural Posture: Application for Permission to Bring Committal Proceedings for Contempt of Court / Permission Hearing
Outcome: Application dismissed
Legal Topics: Statements of Truth, Committal Proceedings, Copyright Infringement, Design Right, Passing Off

Civil Procedure Intellectual Property Contempt of Court Statements of Truth Committal Proceedings Copyright Infringement Design Right Passing Off

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Parties

Malgar Ltd.

Claimant

R. E. Leach (Engineering) Ltd.

Defendant

Mr. Eric Leach

Defendant Officer

Mr. Mills

Defendant Officer

Procedural Posture

Application for Permission to Bring Committal Proceedings for Contempt of Court / Permission Hearing

Legal Issues

1 Whether permission should be granted to bring committal proceedings for contempt of court under CPR 32.14 for alleged false statements in documents verified by statements of truth

Ratio Decidendi

Court Disposition

Application dismissed

Orders

Permission to bring committal proceedings for contempt of court under CPR 32.14 is refused