OCADO GROUP PLC & Anor v RAYMOND MCKEEVE

OCADO GROUP PLC & Anor v RAYMOND MCKEEVE

The court found that the Commercially Sensitive Documents are confidential and of commercial importance, and that public reference to their content would cause unfairness and risk undermining the purpose of the underlying proceedings. The restriction to private hearing is proportionate and limited to what is strictly necessary. Orders restricting access to and use of all Confidential Documents are justified to protect the Claimants' interests while maintaining the possibility for third-party applications.

Parties
Claimant: Ocado Group Plc; Claimant: Ocado Central Services Limited; Defendant: Raymond McKeeve
Jurisdiction
England and Wales
Judgment Date
29 June 2022
Procedural Posture
Committal Application / Interlocutory Application for Private Hearing and Confidentiality Orders
Outcome
Application granted
Legal Topics
Open Justice, Private Hearings, Confidential Documents, Reporting Restrictions
Civil Procedure Confidentiality Contempt of Court Open Justice Private Hearings Confidential Documents Reporting Restrictions

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Parties

Ocado Group Plc

Claimant

Ocado Central Services Limited

Claimant

Raymond McKeeve

Defendant

Procedural Posture

Committal Application / Interlocutory Application for Private Hearing and Confidentiality Orders

Legal Issues

  1. 1 Whether parts of the committal hearing should be held in private due to confidential documents
  2. 2 Whether orders should be made restricting access to and use of confidential documents

Ratio Decidendi

The court found that the Commercially Sensitive Documents are confidential and of commercial importance, and that public reference to their content would cause unfairness and risk undermining the purpose of the underlying proceedings. The restriction to private hearing is proportionate and limited to what is strictly necessary. Orders restricting access to and use of all Confidential Documents are justified to protect the Claimants' interests while maintaining the possibility for third-party applications.

Court Disposition

Application granted

Orders

  • The court will sit in private when the content of the Commercially Sensitive Documents is referred to.
  • Any application by third parties to obtain copies of any Confidential Documents from the court file must be made on three clear days’ notice (CPR 5.4C(2)).