Quantum Tuning Limited v White (Rev 1) [2019] EWHC 1376 (QB) (04 June 2019)

Quantum Tuning Limited v White (Rev 1) [2019] EWHC 1376 (QB) (04 June 2019)

The court found, beyond reasonable doubt, that Sam White failed to deliver up at least a Dell Alienware laptop and an HP laptop in his possession or control at the time of the Nicklin Order, actively concealed their existence, and provided false accounts to the claimant and the court, thereby committing contempt of court by breaching the order for delivery up of devices.

Citation
[2019] EWHC 1376
Parties
Claimant: Quantum Tuning Limited; Defendant: Sam White
Jurisdiction
England and Wales
Judgment Date
04 June 2019
Procedural Posture
Contempt of Court Application (committal Proceedings) / Judgment After Final Hearing of Committal Application
Outcome
Application for committal granted in part; defendant found in contempt of court for failure to deliver up specified devices.
Legal Topics
Breach of Court Order, Committal for Contempt, Delivery Up of Property, Procedural Fairness, Standard of Proof in Contempt
Civil Procedure Contempt of Court Breach of Court Order Committal for Contempt Delivery Up of Property Procedural Fairness Standard of Proof in Contempt

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Parties

Quantum Tuning Limited

Claimant

Sam White

Defendant

Procedural Posture

Contempt of Court Application (committal Proceedings) / Judgment After Final Hearing of Committal Application

Legal Issues

  1. 1 Whether the defendant failed to comply with the Nicklin Order for delivery up of electronic devices containing or capable of containing claimant's VET files
  2. 2 Whether the defendant concealed or destroyed devices in breach of the order
  3. 3 Whether the defendant misled the claimant and the court regarding compliance

Ratio Decidendi

The court found, beyond reasonable doubt, that Sam White failed to deliver up at least a Dell Alienware laptop and an HP laptop in his possession or control at the time of the Nicklin Order, actively concealed their existence, and provided false accounts to the claimant and the court, thereby committing contempt of court by breaching the order for delivery up of devices.

Court Disposition

Application for committal granted in part; defendant found in contempt of court for failure to deliver up specified devices.

Orders

  • Finding of contempt of court against Sam White for breach of the Nicklin Order by failing to deliver up a Dell Alienware laptop and an HP laptop.
  • Further directions to be given regarding sentencing and any ancillary relief.