Centek Holdings Ltd & Anor v Giles

Centek Holdings Ltd & Anor v Giles

Given the deliberate, protracted, and serious breaches of a clear court order with penal notice, including false evidence and destruction of evidence, the custody threshold is met and a significant custodial sentence is required. Mitigation for admissions and personal circumstances reduces the sentence, but lack of full frankness and failure to purge contempt preclude suspension. The appropriate sentence is 14 months' imprisonment, unsuspended, with entitlement to release after serving half the sentence.

Parties
Claimant: Centek Holdings Limited; Claimant: Centek Technologies Limited; Claimant: Centek Limited; Defendant: Tristram Giles
Jurisdiction
England and Wales
Judgment Date
26 June 2020
Procedural Posture
Committal Application (contempt of Court) / Sentencing After Admission of Contempt
Outcome
Mr Giles is sentenced to 14 months' imprisonment, unsuspended, for contempt of court.
Legal Topics
Contempt of Court, Breach of Court Orders, Confidential Information, Restrictive Covenants, False Evidence
Civil Procedure Employment Law Intellectual Property Contempt of Court Breach of Court Orders Confidential Information Restrictive Covenants False Evidence

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Parties

Centek Holdings Limited

Claimant

Centek Technologies Limited

Claimant

Centek Limited

Claimant

Tristram Giles

Defendant

Procedural Posture

Committal Application (contempt of Court) / Sentencing After Admission of Contempt

Legal Issues

  1. 1 What is the appropriate sentence for admitted contempts of court involving breach of court orders, false affidavits, and misuse of confidential information?

Ratio Decidendi

Given the deliberate, protracted, and serious breaches of a clear court order with penal notice, including false evidence and destruction of evidence, the custody threshold is met and a significant custodial sentence is required. Mitigation for admissions and personal circumstances reduces the sentence, but lack of full frankness and failure to purge contempt preclude suspension. The appropriate sentence is 14 months' imprisonment, unsuspended, with entitlement to release after serving half the sentence.

Court Disposition

Mr Giles is sentenced to 14 months' imprisonment, unsuspended, for contempt of court.

Orders

  • Mr Giles is committed to prison for 14 months, unsuspended.
  • Mr Giles will be entitled to unconditional release after serving half his sentence under section 258 of the Criminal Justice Act 2003.