Ocado Group PLC & Anr v McKeeve [2021] EWCA Civ 145 (08 February 2021)

Ocado Group PLC & Anr v McKeeve [2021] EWCA Civ 145 (08 February 2021)

The Court of Appeal held that the judge erred in concluding that no sufficient prima facie case of contempt was established. The deliberate destruction of the 3CX app and its messages, immediately after notification of the search order and ongoing proceedings, gave rise to a strong inference of intent to interfere with the due administration of justice. The inability to specify the exact contents of the destroyed messages was a direct result of the respondent's conduct and could not defeat the prima facie case. The public interest in upholding the integrity of search orders and the administration of justice further supported granting permission for committal proceedings.

Citation
[2021] EWCA Civ 145
Parties
Appellants: Ocado Group PLC & Anr; Respondent: Raymond John McKeeve
Jurisdiction
England and Wales
Judgment Date
08 February 2021
Procedural Posture
Civil Appeal / Appeal From Refusal of Permission to Bring Committal Proceedings for Contempt
Outcome
Appeal allowed
Legal Topics
Committal for Contempt, Destruction of Evidence, Prima Facie Case, Search Orders, Public Interest in Committal Proceedings
Civil Procedure Contempt of Court Committal for Contempt Destruction of Evidence Prima Facie Case Search Orders Public Interest in Committal Proceedings

Case Brief

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Parties

Ocado Group PLC & Anr

Appellants

Raymond John McKeeve

Respondent

Procedural Posture

Civil Appeal / Appeal From Refusal of Permission to Bring Committal Proceedings for Contempt

Legal Issues

  1. 1 Whether the judge erred in refusing permission to bring committal proceedings for contempt against a solicitor who instructed destruction of potential evidence after being notified of a search order.
  2. 2 Whether a sufficient prima facie case of contempt was established.
  3. 3 Whether the public interest requirement for committal was satisfied.

Ratio Decidendi

The Court of Appeal held that the judge erred in concluding that no sufficient prima facie case of contempt was established. The deliberate destruction of the 3CX app and its messages, immediately after notification of the search order and ongoing proceedings, gave rise to a strong inference of intent to interfere with the due administration of justice. The inability to specify the exact contents of the destroyed messages was a direct result of the respondent's conduct and could not defeat the prima facie case. The public interest in upholding the integrity of search orders and the administration of justice further supported granting permission for committal proceedings.

Court Disposition

Appeal allowed

Orders

  • Permission granted to bring committal proceedings against Mr McKeeve for contempt of court
  • Costs order against Ocado in the court below set aside