Ocado Group Plc & Anor v McKeeve [2022] EWHC 2079 (Ch) (03 August 2022)

Ocado Group Plc & Anor v McKeeve [2022] EWHC 2079 (Ch) (03 August 2022)

Mr McKeeve intentionally interfered with the due administration of justice by instructing the deletion of the 3CX app and its contents, which he knew or ought to have known contained material relevant to the litigation and subject to the search order. His actions frustrated the purpose of the court's order and amounted to criminal contempt, regardless of whether he was a party to the order or had seen its full terms at the time.

Citation
[2022] EWHC 2079 (Ch)
Parties
Claimant: Ocado Group Plc; Claimant: Ocado Central Services Limited; Defendant: Raymond McKeeve
Jurisdiction
England and Wales
Judgment Date
03 August 2022
Procedural Posture
Contempt of Court (criminal) / Judgment After Trial
Outcome
Defendant found in criminal contempt of court.
Legal Topics
Interference With Administration of Justice, Destruction of Evidence, Search Orders, Confidential Information, Employee Duties, Legal Professional Conduct
Civil Procedure Criminal Contempt Employment Law Confidential Information Interference With Administration of Justice Destruction of Evidence Search Orders Employee Duties +1 more

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Parties

Ocado Group Plc

Claimant

Ocado Central Services Limited

Claimant

Raymond McKeeve

Defendant

Procedural Posture

Contempt of Court (criminal) / Judgment After Trial

Legal Issues

  1. 1 Whether the defendant intentionally interfered with the due administration of justice by causing the destruction of documentary material relevant to proceedings.
  2. 2 Whether the defendant intentionally frustrated the purpose of a court search order by causing deletion of information.
  3. 3 Whether the defendant's actions constituted criminal contempt of court.

Ratio Decidendi

Mr McKeeve intentionally interfered with the due administration of justice by instructing the deletion of the 3CX app and its contents, which he knew or ought to have known contained material relevant to the litigation and subject to the search order. His actions frustrated the purpose of the court's order and amounted to criminal contempt, regardless of whether he was a party to the order or had seen its full terms at the time.

Court Disposition

Defendant found in criminal contempt of court.

Orders

  • Declaration that Raymond McKeeve is guilty of criminal contempt of court for intentionally interfering with the due administration of justice by causing the destruction of documentary material relevant to the claim and subject to a search order.
  • Directions for further hearing to determine sanction and any consequential matters.