McCann & Anor v Bennett [2013] EWHC 283 (QB) (21 February 2013)

McCann & Anor v Bennett [2013] EWHC 283 (QB) (21 February 2013)

The defendant, having given clear and binding undertakings to the court not to publish or disseminate allegations that the claimants were guilty of, or to be suspected of, causing the death of their daughter, disposing of her body, lying about what happened, or covering up their actions, repeatedly breached those undertakings by publishing and distributing materials making such allegations. The undertakings were valid and binding, and the defendant's arguments as to duress or public interest do not excuse non-compliance. The court is satisfied beyond reasonable doubt that the defendant is in contempt of court.

Citation
[2013] EWHC 283
Parties
Claimant: Gerry McCann; Claimant: Kate McCann; Defendant: Tony Bennett
Jurisdiction
England and Wales
Judgment Date
21 February 2013
Procedural Posture
Contempt of Court (committal Application) / Judgment on Liability for Contempt; Penalty to Be Determined After Judgment
Outcome
Defendant found in contempt of court for breach of undertakings; penalty to be determined at a later hearing.
Legal Topics
Breach of Undertaking, Libel, Injunctions, Freedom of Expression, Harassment
Civil Procedure Defamation Contempt of Court Breach of Undertaking Libel Injunctions Freedom of Expression Harassment

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Parties

Gerry McCann

Claimant

Kate McCann

Claimant

Tony Bennett

Defendant

Procedural Posture

Contempt of Court (committal Application) / Judgment on Liability for Contempt; Penalty to Be Determined After Judgment

Legal Issues

  1. 1 Whether the defendant breached undertakings given to the court not to publish certain allegations about the claimants
  2. 2 Whether the defendant is in contempt of court for such breaches

Ratio Decidendi

The defendant, having given clear and binding undertakings to the court not to publish or disseminate allegations that the claimants were guilty of, or to be suspected of, causing the death of their daughter, disposing of her body, lying about what happened, or covering up their actions, repeatedly breached those undertakings by publishing and distributing materials making such allegations. The undertakings were valid and binding, and the defendant's arguments as to duress or public interest do not excuse non-compliance. The court is satisfied beyond reasonable doubt that the defendant is in contempt of court.

Court Disposition

Defendant found in contempt of court for breach of undertakings; penalty to be determined at a later hearing.

Orders

  • Defendant found in contempt of court for multiple breaches of undertakings.
  • Penalty to be determined after handing down of this judgment.