Ocado Group PLC & Anr v McKeeve

Ocado Group PLC & Anr v McKeeve

The judge erred in concluding that no sufficient prima facie case of contempt was made out. The deliberate destruction of the 3CX app and its messages, when proceedings were known to be underway and a Search Order had been made, gave rise to a strong prima facie case of contempt. The public interest required permission to proceed. The appeal was allowed, permission granted, and the substantive committal application was remitted to the trial judge.

Parties
Appellants: Ocado Group PLC & Anr; Respondent: Raymond John McKeeve
Jurisdiction
England and Wales
Judgment Date
08 February 2021
Procedural Posture
Civil Appeal (contempt/committal) / Appeal From High Court Decision Refusing Permission to Apply for Committal for Contempt
Outcome
Appeal allowed; permission to apply for committal granted; substantive committal application adjourned to the trial judge.
Legal Topics
Committal for Contempt, Destruction of Evidence, Prima Facie Case, Public Interest in Committal Proceedings
Civil Procedure Contempt of Court Committal for Contempt Destruction of Evidence Prima Facie Case 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 (contempt/committal) / Appeal From High Court Decision Refusing Permission to Apply for Committal for Contempt

Legal Issues

  1. 1 Whether the judge erred in refusing permission to apply for committal for contempt against Mr McKeeve
  2. 2 Whether a strong prima facie case of contempt was established
  3. 3 Whether the destruction of the 3CX app and messages constituted contempt

Ratio Decidendi

The judge erred in concluding that no sufficient prima facie case of contempt was made out. The deliberate destruction of the 3CX app and its messages, when proceedings were known to be underway and a Search Order had been made, gave rise to a strong prima facie case of contempt. The public interest required permission to proceed. The appeal was allowed, permission granted, and the substantive committal application was remitted to the trial judge.

Court Disposition

Appeal allowed; permission to apply for committal granted; substantive committal application adjourned to the trial judge.

Orders

  • Permission to apply for committal for contempt granted to Ocado.
  • Substantive committal application to be heard by the trial judge at or after trial of the underlying proceedings.