ORB a.r.l.; & Ors v Fiddler [2015] EWHC 3683 (Comm) (14 December 2015)

ORB a.r.l.; & Ors v Fiddler [2015] EWHC 3683 (Comm) (14 December 2015)

There was strong prima facie evidence of wrongdoing involving Oscar and the defendant, and a real risk that giving notice would result in destruction of evidence and warning to others, justifying the grant of interim injunctive relief without notice and in private, with appropriate protections for privilege and confidentiality.

Citation
[2015] EWHC 3683 (Comm)
Parties
Claimant: ORB a.r.l.; Claimant: Roger James Taylor; Claimant: Nicholas Thomas; Claimant: Pro Vinci Limited; Defendant: Steven Richard Fiddler
Jurisdiction
England and Wales
Judgment Date
14 December 2015
Procedural Posture
Interim Relief Application (injunction) in Commercial Claim / Ex Parte Application, Pre Issue, Private Hearing, Order Made Pending Return Date
Outcome
Interim injunction granted without notice and in private, pending return date.
Legal Topics
Interim Injunctions, Confidentiality, Privilege Against Self Incrimination, Service of Documents, Privacy in Court Proceedings
Commercial Law Civil Procedure Interim Injunctions Confidentiality Privilege Against Self Incrimination Service of Documents Privacy in Court Proceedings

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Parties

ORB a.r.l.

Claimant

Roger James Taylor

Claimant

Nicholas Thomas

Claimant

Pro Vinci Limited

Claimant

Steven Richard Fiddler

Defendant

Procedural Posture

Interim Relief Application (injunction) in Commercial Claim / Ex Parte Application, Pre Issue, Private Hearing, Order Made Pending Return Date

Legal Issues

  1. 1 Whether interim injunctive relief should be granted against the defendant without notice and in private
  2. 2 Whether the requirements of section 12 Human Rights Act 1998 and CPR for without notice and private hearings are satisfied
  3. 3 Whether the defendant's privilege against self-incrimination is engaged and adequately protected

Ratio Decidendi

There was strong prima facie evidence of wrongdoing involving Oscar and the defendant, and a real risk that giving notice would result in destruction of evidence and warning to others, justifying the grant of interim injunctive relief without notice and in private, with appropriate protections for privilege and confidentiality.

Court Disposition

Interim injunction granted without notice and in private, pending return date.

Orders

  • Defendant required to disclose knowledge regarding identity and contact methods for Oscar and Oscar's father.
  • Defendant required to retain and preserve specified video recording, metadata, and mobile phone.