Double Negative Ltd v Mortelette & Ors [2018] EWHC 1811 (QB) (27 March 2018)

Double Negative Ltd v Mortelette & Ors [2018] EWHC 1811 (QB) (27 March 2018)

Mazlum Altun was found in contempt of court for knowingly failing to comply with paragraph 9 of the order by not swearing and serving an affidavit, and for breaching paragraph 11 by informing Joel Butcher of facts and matters arising from the application, specifically his publication of confidential material online.

Citation
[2018] EWHC 1811 (QB)
Parties
Claimant: Double Negative Ltd; Defendant: Thomas Mortelette; Defendant: Persons Unknown; Defendant: Joel Butcher; Defendant: Mazlum Altun
Jurisdiction
England and Wales
Judgment Date
27 March 2018
Procedural Posture
Contempt of Court Application / Final Hearing on Liability for Contempt; Penalty Adjourned
Outcome
Findings of contempt of court made against Mazlum Altun; consideration of penalty adjourned.
Legal Topics
Contempt of Court, Breach of Court Order, Confidential Information, Interim Injunctions
Civil Procedure Intellectual Property Injunctions Contempt of Court Breach of Court Order Confidential Information Interim Injunctions

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Parties

Double Negative Ltd

Claimant

Thomas Mortelette

Defendant

Persons Unknown

Defendant

Joel Butcher

Defendant

Mazlum Altun

Defendant

Procedural Posture

Contempt of Court Application / Final Hearing on Liability for Contempt; Penalty Adjourned

Legal Issues

  1. 1 Whether Mazlum Altun breached paragraphs 9 and 11 of the order of Mr Justice Phillips and is thereby in contempt of court

Ratio Decidendi

Mazlum Altun was found in contempt of court for knowingly failing to comply with paragraph 9 of the order by not swearing and serving an affidavit, and for breaching paragraph 11 by informing Joel Butcher of facts and matters arising from the application, specifically his publication of confidential material online.

Court Disposition

Findings of contempt of court made against Mazlum Altun; consideration of penalty adjourned.

Orders

  • Adjournment of penalty hearing to a date in the week commencing 30 April 2018, reserved to Mr Justice Andrew Baker.