Pirtek (UK) Ltd v Jackson

Pirtek (UK) Ltd v Jackson

Mr Jackson was found to be in contempt of court for breaching injunctions by publishing or causing to be published statements prohibited by the order, both verbatim and with prohibited meanings, after having proper notice of the order and the committal application. The court was satisfied to the criminal standard that Mr Jackson had knowledge of the order, was responsible for the publications, and deliberately chose not to participate in the proceedings. Procedural requirements for committal were strictly complied with, and it was fair to proceed in his absence.

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) / Post Judgment, Hearing on Committal for Contempt, Findings on Contempt, Penalty Adjourned
Outcome
Defendant found in contempt of court; penalty adjourned for further hearing.
Legal Topics
Committal for Contempt, Breach of Injunction, Service of Process, Summary Judgment, Damages Assessment, Legal Aid in Contempt Proceedings
Civil Procedure Defamation Contempt of Court Committal for Contempt Breach of Injunction Service of Process Summary Judgment Damages Assessment +1 more

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Parties

Pirtek (UK) Limited

Claimant

Robert Jackson

Defendant

Procedural Posture

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

Legal Issues

  1. 1 Whether the defendant was in contempt of court by breaching injunctions restraining publication of libellous and malicious falsehood statements
  2. 2 Whether procedural requirements for committal were met, including service and notice
  3. 3 Whether the hearing could proceed in the defendant's absence

Ratio Decidendi

Mr Jackson was found to be in contempt of court for breaching injunctions by publishing or causing to be published statements prohibited by the order, both verbatim and with prohibited meanings, after having proper notice of the order and the committal application. The court was satisfied to the criminal standard that Mr Jackson had knowledge of the order, was responsible for the publications, and deliberately chose not to participate in the proceedings. Procedural requirements for committal were strictly complied with, and it was fair to proceed in his absence.

Court Disposition

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

Orders

  • Findings of contempt entered against Robert Jackson for breaches of injunctions as specified in the judgment.
  • Hearing on penalty adjourned to allow Mr Jackson a final opportunity to participate, apologise, and make submissions in mitigation.