Ocado Group PLC & Anor v McKeeve (Consequentials) [2022] EWHC 2478 (Ch) (05 October 2022)

Ocado Group PLC & Anor v McKeeve (Consequentials) [2022] EWHC 2478 (Ch) (05 October 2022)

A fine, not a custodial sentence, is appropriate given the seriousness of the contempt, the defendant's impulsive conduct, lack of intent to affect the underlying action, acceptance of responsibility, and substantial personal/professional consequences. Ocado is the successful party and entitled to indemnity costs, subject to a 40% reduction for failure to prove more serious allegations.

Citation
[2022] EWHC 2478 (Ch)
Parties
Claimant: Ocado Group PLC; Claimant: Ocado Central Services Limited; Defendant: Raymond McKeeve
Jurisdiction
England and Wales
Judgment Date
05 October 2022
Procedural Posture
Contempt Proceedings / Sanction and Costs Judgment Following Liability Judgment
Outcome
Contemnor fined; costs awarded to claimants with reduction; payment on account ordered.
Legal Topics
Interference With Administration of Justice, Search Orders, Sanctions, Costs
Civil Procedure Contempt of Court Interference With Administration of Justice Search Orders Sanctions Costs

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Parties

Ocado Group PLC

Claimant

Ocado Central Services Limited

Claimant

Raymond McKeeve

Defendant

Procedural Posture

Contempt Proceedings / Sanction and Costs Judgment Following Liability Judgment

Legal Issues

  1. 1 Appropriate sanction for contempt of court by destruction of data source
  2. 2 Allocation of costs between parties after partial success
  3. 3 Assessment of seriousness of contempt

Ratio Decidendi

A fine, not a custodial sentence, is appropriate given the seriousness of the contempt, the defendant's impulsive conduct, lack of intent to affect the underlying action, acceptance of responsibility, and substantial personal/professional consequences. Ocado is the successful party and entitled to indemnity costs, subject to a 40% reduction for failure to prove more serious allegations.

Court Disposition

Contemnor fined; costs awarded to claimants with reduction; payment on account ordered.

Orders

  • Raymond McKeeve to pay a fine of £25,000.
  • Raymond McKeeve to pay Ocado 60% of their claimed costs prior to the consequentials hearing, assessed if not agreed, on the indemnity basis.