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Contempt of court

Litigation Letter

Contempt of court

KJM Superbikes Ltd v Hinton [2008] EWCA Civ 1280 [2008] ALL ER (D) 200 (Nov); NLJ 28 November p1683

The claimant appealed against the judge’s decision to refuse permission to bring proceedings for contempt of court against a witness who were given evidence in proceedings brought by Honda Motor Co Ltd against the claimant for infringement of its trademarks. As a result of the defendant’s witness statement Honda obtained summary judgment, which was ultimately set aside when it was demonstrated that aspects of the defendant’s information were completely untrue and he had knowingly given false information. The claimant applied for permission to bring proceedings against the defendant for contempt of court in accordance with CPR 32.14, but although the judge accepted the defendants’ behaviour had amounted to a contempt, he considered in the circumstances it would be disproportionate for proceedings to be taken and dismissed the application.

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