McCann & Anor v Bennett [2012] EWHC 2876 (QB) (24 October 2012)

McCann & Anor v Bennett [2012] EWHC 2876 (QB) (24 October 2012)

The committal application for contempt of court must be heard as soon as practical and should not be adjourned pending the Defendant's application to vary undertakings. The Defendant's application to vary undertakings will be treated as an application to lift the stay of proceedings and, if the stay is lifted, to vary the undertakings, but will be considered after the committal application as the judge may decide.

Citation
[2012] EWHC 2876
Parties
Claimant: Gerry McCann; Claimant: Kate McCann; Defendant: Tony Bennett
Jurisdiction
England and Wales
Judgment Date
24 October 2012
Procedural Posture
Contempt of Court and Application to Vary Undertakings in Libel Action / Interlocutory Applications Prior to Committal Hearing
Outcome
Claimants' committal application to be listed as soon as practical; Defendant's application to vary undertakings adjourned to be considered after committal application as judge may decide.
Legal Topics
Libel, Injunctions, Undertakings, Committal for Contempt, Variation of Undertakings, Settlement Agreements
Defamation Civil Procedure Contempt of Court Libel Injunctions Undertakings Committal for Contempt Variation of Undertakings +1 more

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Parties

Gerry McCann

Claimant

Kate McCann

Claimant

Tony Bennett

Defendant

Procedural Posture

Contempt of Court and Application to Vary Undertakings in Libel Action / Interlocutory Applications Prior to Committal Hearing

Legal Issues

  1. 1 Whether the Defendant should be committed for contempt of court for breach of undertakings given in a libel action
  2. 2 Whether the Defendant's application to vary undertakings should be heard before or after the committal application
  3. 3 Whether undertakings given as part of a settlement can be varied on the basis of alleged truth or honest comment

Ratio Decidendi

The committal application for contempt of court must be heard as soon as practical and should not be adjourned pending the Defendant's application to vary undertakings. The Defendant's application to vary undertakings will be treated as an application to lift the stay of proceedings and, if the stay is lifted, to vary the undertakings, but will be considered after the committal application as the judge may decide.

Court Disposition

Claimants' committal application to be listed as soon as practical; Defendant's application to vary undertakings adjourned to be considered after committal application as judge may decide.

Orders

  • Committal application to be listed for hearing as soon as practical.
  • Defendant's application to vary undertakings adjourned to be considered by the judge hearing the committal application.