Pirtek (UK) Ltd v Jackson [2018] EWHC 1004 (QB) (01 May 2018)

Pirtek (UK) Ltd v Jackson [2018] EWHC 1004 (QB) (01 May 2018)

The defendant, having been properly served with the injunctions and committal application, knowingly and deliberately breached the court's orders by continuing to publish or cause the publication of prohibited statements. The breaches were proved to the criminal standard, and the defendant's absence and silence, despite ample notice and opportunity, support the inference of guilt. Procedural fairness was observed, and the requirements for committal were satisfied.

Citation
[2018] EWHC 1004 (QB)
Parties
Claimant: Pirtek (UK) Limited; Defendant: Robert Jackson
Jurisdiction
England and Wales
Judgment Date
01 May 2018
Procedural Posture
Committal Application for Contempt of Court (civil) / Judgment on Liability for Contempt, Adjourned for Penalty Hearing
Outcome
Defendant found in contempt of court; penalty adjourned for further hearing.
Legal Topics
Committal for Contempt, Breach of Injunction, Libel, Malicious Falsehood, Service of Process, Summary Judgment
Civil Procedure Defamation Contempt of Court Committal for Contempt Breach of Injunction Libel Malicious Falsehood Service of Process +1 more

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Parties

Pirtek (UK) Limited

Claimant

Robert Jackson

Defendant

Procedural Posture

Committal Application for Contempt of Court (civil) / Judgment on Liability for Contempt, Adjourned for Penalty Hearing

Legal Issues

  1. 1 Whether the defendant breached court injunctions prohibiting publication of defamatory statements
  2. 2 Whether procedural requirements for committal were satisfied
  3. 3 Whether the hearing could proceed in the defendant's absence

Ratio Decidendi

The defendant, having been properly served with the injunctions and committal application, knowingly and deliberately breached the court's orders by continuing to publish or cause the publication of prohibited statements. The breaches were proved to the criminal standard, and the defendant's absence and silence, despite ample notice and opportunity, support the inference of guilt. Procedural fairness was observed, and the requirements for committal were satisfied.

Court Disposition

Defendant found in contempt of court; penalty adjourned for further hearing.

Orders

  • Written judgment and formal order to be served on defendant.
  • Defendant given final opportunity to engage, apologise, and make submissions in mitigation before penalty is determined.