Grosvenor Chemicals Ltd & Ors v UPL Europe Ltd & Ors

Grosvenor Chemicals Ltd & Ors v UPL Europe Ltd & Ors

The only breach of CPR 31.22 identified was the letter to Dr Affi threatening separate proceedings using disclosed documents without permission; however, there was no strong prima facie case of deliberate or reckless breach by the respondents, and the public interest and proportionality requirements for committal proceedings were not met. Accordingly, permission to bring committal proceedings was refused.

Parties
Claimant: Grosvenor Chemicals Ltd; Claimant: Whyte Chemicals Ltd; Claimant: Melvyn Whyte; Defendant: UPL Europe Ltd; Defendant: UPL Deutschland GmbH; Defendant: Mishcon de Reya LLP; Defendant: Jeremy Milton Hertzog
Jurisdiction
England and Wales
Judgment Date
26 July 2017
Procedural Posture
Application for Permission to Bring Committal Proceedings (contempt of Court) / Ruling on Application for Permission to Bring Committal Proceedings
Outcome
Application dismissed
Legal Topics
Use of Disclosed Documents, CPR 31.22, Committal for Contempt, Collateral Purpose Rule, Disclosure Obligations
Civil Procedure Contempt of Court Use of Disclosed Documents CPR 31.22 Committal for Contempt Collateral Purpose Rule Disclosure Obligations

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Parties

Grosvenor Chemicals Ltd

Claimant

Whyte Chemicals Ltd

Claimant

Melvyn Whyte

Claimant

UPL Europe Ltd

Defendant

UPL Deutschland GmbH

Defendant

Mishcon de Reya LLP

Defendant

Jeremy Milton Hertzog

Defendant

Procedural Posture

Application for Permission to Bring Committal Proceedings (contempt of Court) / Ruling on Application for Permission to Bring Committal Proceedings

Legal Issues

  1. 1 Whether the use of disclosed documents in correspondence with a third party constituted a breach of CPR 31.22
  2. 2 Whether there was a deliberate or reckless breach of CPR 31.22 justifying permission to bring committal proceedings
  3. 3 Whether the public interest and proportionality requirements for committal proceedings were met

Ratio Decidendi

The only breach of CPR 31.22 identified was the letter to Dr Affi threatening separate proceedings using disclosed documents without permission; however, there was no strong prima facie case of deliberate or reckless breach by the respondents, and the public interest and proportionality requirements for committal proceedings were not met. Accordingly, permission to bring committal proceedings was refused.

Court Disposition

Application dismissed

Orders

  • Permission to bring committal proceedings for contempt of court is refused.