McCann & Anor v Bennett

McCann & Anor v Bennett

The committal application should proceed without further adjournment; the Defendant's application to vary undertakings will be deferred and treated as an application to lift the stay of proceedings, to be considered by the judge hearing the committal application. Undertakings must be obeyed while in force and cannot be ignored pending variation.

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 / Ruling on Procedural 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 by the judge hearing the committal application.
Legal Topics
Undertakings to Court, Variation of Undertakings, Committal for Contempt, Settlement Agreements, Defamation, Honest Comment, Stay of Proceedings
Civil Procedure Defamation Contempt of Court Undertakings to Court Variation of Undertakings Committal for Contempt Settlement Agreements Honest Comment +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 / Ruling on Procedural Applications Prior to Committal Hearing

Legal Issues

  1. 1 Whether the committal application for contempt should be adjourned pending the Defendant's application to vary undertakings
  2. 2 Whether the Defendant is entitled to seek variation of undertakings based on alleged truth or honest comment
  3. 3 Procedural route for variation of undertakings given as part of settlement agreement

Ratio Decidendi

The committal application should proceed without further adjournment; the Defendant's application to vary undertakings will be deferred and treated as an application to lift the stay of proceedings, to be considered by the judge hearing the committal application. Undertakings must be obeyed while in force and cannot be ignored pending variation.

Court Disposition

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

Orders

  • Claimants' committal application to be heard promptly.
  • Defendant's application to vary undertakings adjourned and treated as application to lift stay of action, to be considered by judge hearing committal application.