Neutral Citation Number:  EWHC 2079 (Ch)
Case No: BL-2019-001768
IN THE HIGH COURT OF JUSTICE
BUSINESS AND PROPERTY COURTS OF ENGLAND AND WALES
BUSINESS LIST (ChD)
MR JUSTICE ADAM JOHNSON
(1) OCADO GROUP PLC
(2) OCADO CENTRAL SERVICES LIMITED
Note Pursuant to Practice Direction (Committal for Contempt of Court: Open Court)  1 WLR 2195
In relation to Claim No. BL-2019-001768 at the Rolls Building, Royal Courts of Justice in London Mr Justice Adam Johnson has handed down Judgment making a declaration that the Defendant Mr Raymond John McKeeve is liable for contempt of Court for having interfered with the due administration of justice as specified in Ground 5 of the Claimants’ Amended Grounds of Contempt, as regards destruction of the 3CX System and the materials contained therein. The Amended Grounds of Contempt are set out in the Annex below. The Judge found Mr McKeeve not liable as regards the other allegations of contempt made in the Amended Grounds of Contempt, including that part of Ground 5 concerning the destruction of the email accounts described in the First Affidavit of Mr Libson and the material contained therein. All consequential matters including costs and the appropriate sanction have been adjourned to a further hearing on 4 October 2022.
ANNEX – AMENDED GROUNDS OF CONTEMPT
The Defendant interfered with the due administration of justice by:
- Intentionally causing the destruction of documentary material (in the form of the 3CX application and the email accounts as set out in the affidavit of James Libson, and the material contained therein) which is of relevance to the claim by the Claimants against Jonathan Faiman, Project Today Holding Limited and Jonathan Hillary (‘Ground 1’).
- Intentionally causing the destruction of documents which constituted a “Listed Item” within Schedule C of the ‘Order for Search of Premises and the Preservation of Evidence’ made by the Honourable Mr. Justice Fancourt dated 3 July 2019 in the claim under Claim No.: BL-2019-001252 (the ‘Search Order’ and ‘Ground 3’ respectively).
- Intentionally causing the destruction of information which constituted “confidential information” within Schedule C of the Search Order (‘Ground 4’).
- Intentionally causing the destruction of documentary material (in the form of the 3CX System and the email accounts set out in the affidavit of Mr Libson, and the material contained therein) stored on Electronic Data Storage Devices (as defined in the Search Order) (‘Ground 5’).