Play Ltd v Legato Assets Ltd 11-Oct-2006 [2006] JRC 144 (11 October 2006)

The defendant committed contempt of court by breaching the injunction on two occasions. Although the breaches were not deliberate, the defendant's inaccurate explanation and the need for further affidavits justified an award of indemnity costs to the plaintiff.

Citation: [2006] JRC 144
Parties: Plaintiff: Plaintiff; Defendant: Defendant
Jurisdiction: Jersey
Judgment Date: 11 October 2006
Procedural Posture: Contempt of Court / Post Injunction, Hearing on Breaches and Costs
Outcome: Contempt of court found; no financial penalty imposed; indemnity costs awarded to plaintiff.
Legal Topics: Breach of Injunction, Contempt Proceedings, Costs (indemnity)

Civil Procedure Injunctions Contempt of Court Breach of Injunction Contempt Proceedings Costs (indemnity)

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Parties

Plaintiff

Defendant

Procedural Posture

Contempt of Court / Post Injunction, Hearing on Breaches and Costs

Legal Issues

1 Whether the defendant breached the terms of the interim injunction
2 Whether the breaches constituted contempt of court
3 Whether indemnity costs should be awarded

Ratio Decidendi

Court Disposition

Contempt of court found; no financial penalty imposed; indemnity costs awarded to plaintiff.

Orders

Defendant found in contempt of court for second and third breaches of injunction.
No fine imposed due to lack of deliberate intent and full apology.