Committal for Contempt of Court: Halligan

Business and Property CourtsBusiness ListCommittal for Contempt of Court

Claim No: BL-2021-MAN-000079

IN THE HIGH COURT OF JUSTICE
BUSINESS AND PROPERTY COURTS IN MANCHESTER
BUSINESS LIST (ChD)

Date: 01/06/2022

Before:
HHJ Cawson QC
Sitting as a Judge of the High Court

Between:
(1) DDD
(2) EEE
-v-
MICHAEL JAMES HALLIGAN

SUMMARY OF FINDING OF CONTEMPT OF COURT
For the reasons set out in a judgment of HHJ Cawson QC, sitting as a Judge of the High Court, handed down in public on 25 June 2021, MICHAEL JAMES HALLIGAN (“Mr Halligan”) was found to be guilty of contempt of court by breaching paragraph 3 of an Order made on 14 November 2019 (as affirmed by the Court of Appeal with minor variations) (“the Order”).

The essence of the contempt of court found to have been proved beyond reasonable doubt was that Mr Halligan had breached the Order in some 28 respects by disclosing information set out in Confidential Schedule 1 to the Order that he was restrained by paragraph 3 of the Order from disclosing, making adverse and derogatory remarks about the Claimants, and seeking to damage the business of the Claimants by the release of the information set out in Confidential Schedule 1 to the Order.

On 6 July 2021 HHJ Cawson QC committed Mr Halligan to prison for a term of six months, suspended for a period of 3 years from 6 July 2021 on terms that Mr Halligan complies with the terms of paragraph 3 of the Order, and Confidential Schedule 1 thereto, and ordered Mr Halligan to pay the Claimants’ costs of their application to commit on an indemnity basis.

Following the Court of Appeal setting aside the committal order and remitting the issue as to the appropriate committal order back to the Business and Property Court at Manchester, on 01 June 2022, HHJ Cawson QC committed Mr. Halligan to prison for a term of 15 months, 5 months of which is suspended for a period of 3 years from 01 June 2022 on condition that the Defendant complies with the terms of paragraph 3 of the Order made by HHJ Eyre QC on 14 November 2019, as varied by the Order of the Court of Appeal on 07 July 2020, and the Confidential Schedule 1 to that Order. The Court further ordered Mr. Halligan to pay the Claimants’ costs of this hearing on the indemnity basis.