Month: April 2012

16.04.12

Director and shareholder found in contempt for disposing of company's good will

In Templeton Insurance Ltd v Motorcare Warranties Ltd & Ors [2012] EWHC 795 Mr Justice Eder heard an application for committal for contempt of court based on the alleged breach (or involvement in a breach) of a freezing injunction. Motorcare sold breakdown insurance and had acted as an agent for Templeton. In 2008 Templeton brought a High…

5.04.12

No statutory or other basis to apportion benefit between co-defendants

Anyone harbouring any doubt about the harsh effect that can be produced by a strict application of the provisions of the Proceeds of Crime Act 2002 would be well advised to read the judgment of the Court of Appeal in Lambert and Walding 2012 EWCA 421 into which the Home secretary sought fit to intervene. Having been…

Costs of private prosecution should be assessed under civil costs regime

The recent trend whereby media corporations seek to further their commercial disputes in the criminal courts by exercising the right to bring a private prosecution could now be checked in light of the recent decision in Karen Murphy v Media Protection services Ltd [2012] EWHC 529. Karen Murphy, lest it be forgotten, was the pub landlady…

2.04.12

Judgment handed down in Tulisa Contostavlos sex tape privacy injunction

On Friday 29 March 2012 Mr Justice Tugendhat set out his reasons for continuing a non-disclosure injunction against (1) Michael Mendahun (2) anyone in possession of any film or video of the Claimant Tulisa Contostavlos engaged in a sexual act or part or stills therefrom and (3) the Claimant’s former boyfriend Justin Edwards. Unsurprisingly, there…