"It was my understanding (and that of Mr Crammond, counsel for the claimant) that this constituted an admission of all the allegations of breach of contract, breach of confidence and the associated causes of action in full. Although, at the start of final submissions on Wednesday 8 November, Ms Canneti [counsel for Mr Palmer] indicated that in fact the admissions made were selective in relation to the allegations of breach. After some discussion, she conceded, having taken further instructions, that the position was as had been understood the previous Monday, and that all the allegations set out in the particulars of claim were now admitted in full."
"Upon the defendant on day 6 of the trial admitting liability in full in respect of (1) all of the claimant's claims of breach of contract set out at paragraphs 86 to 87 inclusive of the particulars of claim; and (2) all of the claimant's claims for breach of confidence set out in paragraphs 88 to 89 inclusive of the particulars of claim; and upon the court handing down its judgment on1 December 2023 , which included an award of a permanent final injunction and damages with interest, and upon the court considering it appropriate to make a final permanent injunction order against the defendant (the terms of which are agreed by the defendant), the parties agreed to dispense with personal service, the defendant being represented at that time, and that and the terms of the injunction order are accepted by the defendant today."
"1. The defendant must, by no later than 4 pm on10 January 2024 deliver up to the claimant's solicitors any documents containing confidential information that are in his possession, custody or control, together with, in the case of documents in electronic form, any passwords needed to access them. For the avoidance of doubt, this includes but is not limited to electronic documents in their native format with the metadata. This also includes but is not limited to all documents containing confidential information held by the defendant's solicitors, Kleyman & Co Solicitors Ltd. The claimant shall then be entitled but not obliged to destroy them. 2. The defendant must not make or retain copies of any confidential information. 3. Without prejudice to paragraphs 1 and 2 above, the defendant shall use his best endeavours and take all reasonable steps to keep confidential information confidential. 4. The defendant shall not use or disclose to any person, company or other organisation whatsoever any confidential information. This restriction does not apply to: (a) disclosure to the police, HM Revenue and Customs or another public authority pursuant to section 43.8.L of the Employment Rights Act 1996 ; (b) any use or disclosure authorised by the claimant in writing after the date of this order."
"The defendant shall, by 4 pm on12 January 2024 , swear an affidavit confirming his compliance with the provisions herein before the affidavit."
"The defendant must also ... (b) detail within the affidavit to whom and when the defendant disposed of or sold his laptop as referred to by the defendant in the defendant's witness evidence; and (c) detail within the affidavit and deliver up to the claimant's solicitors with the affidavit in both PDF form and in their native format with the metadata his 60 emails and any attachments to those emails that the defendant sent to himself and the defendant shall specify when the defendant did so for each email as referred to by the defendant in the defendant's witness evidence. If the defendant is unable to deliver up the said emails, he should explain in the affidavit why he is unable to do so and in that event the claimant shall be at liberty to apply to Martin Spencer J for further order should the claimant consider that the defendant's explanation is inadequate or untenable." 11. Paragraph 10 provides: "
"You've had your pound of flesh. You need to cease now and walk away or at 9.00 Monday morning my first post will go live on LinkedIn with an explanation of everything that occurred and starting with your falsifying your damages claim to enable you to take me to the High Court. You know when I tell you I am going to do something, I do exactly that, which I will if I have not received confirmation that we now both walk away and that will be an end to it."
"(1) If the court finds the defendant in contempt of court, the court may impose a period of imprisonment (an order of committal), a fine, confiscation of assets or other punishment permitted under the law.(2) Execution of an order of committal requires issue of a warrant of committal. An order of committal and a warrant of committal have immediate effect unless and to the extent that the court decides to suspend execution of the order or warrant."
"In any case where a court has power to commit a person to prison for contempt of court and (apart from this provision) no limitation applies to the period of committal, the committal shall (without prejudice to the power of the court to order his earlier discharge) be for a fixed term, and that term shall not on any occasion exceed two years in the case of committal by a superior court, or one month in the case of committal by an inferior court."
"1. The court should adopt an approach analogous to that in criminal cases where the Sentencing Council's Guidelines require the court to assess the seriousness of the conduct by reference to the offender's culpability and the harm caused, intended or likely to be caused. "2. In the light of its determination of seriousness, [the] court must first consider whether a fine would be a sufficient penalty. "3. If the contempt is so serious that only a custodial penalty will suffice, the court must impose the shortest period of imprisonment which properly reflects the seriousness of the contempt. "4. Due weight should be given to matters of mitigation, such as genuine remorse, previous positive character and similar matters. "5. Due weight should also be given to the impact of committal on persons other than the contemnor, such as children [or] vulnerable adults in their care. "6. There should be a reduction for an early admission of the contempt to be calculated consistently with the approach set out in the Sentencing Council’s Guidelines on reduction in sentence for a guilty plea. "7. Once the appropriate term has been arrived at, consideration should be given to suspending the term of imprisonment. Usually, the court will already have taken into account mitigating factors when setting the appropriate term, such that there is no powerful factor making [a] suspension appropriate, but a serious effect on others, such as children or vulnerable adults in the contemnor’s care may justify suspension."
"1. There are no formal sentencing guidelines for sentence/sanction in committal proceedings. "2. Sentences / sanctions are fact specific. "3. The court should bear in mind the desirability of keeping offenders, and in particular first time offenders, out of prison. "[...] 6. Committal to prison may serve two distinct purposes: (a) punishment of past contempt and (b) securing compliance. "7. It is good practice for the court sentence to include elements of both purposes (punishment and compliance) to make clear what period of committal is regarded as appropriate for punishment alone ... "8. Committal may be suspended."
"We have concluded that there were strong arguments for suspending the sentence in this exceptional case, for the reasons we have given. Any doubt we may have had on that issue is resolved by this additional factor which we do take into account in dealing with this appeal. This factor will principally apply to shorter sentences because a significant proportion of such sentences is likely to be served during the time when the prison population is very high. It will only apply to sentences passed during this time. We have identified above the starting point for the relevance of this consideration for sentencing, which we take to be the implementation of Operation Safeguard 14 days after6 February 2023 . Sentencing courts will now have an awareness of the impact of the current prison population levels from the material quoted in this judgment and can properly rely on that. It will be a matter for government to communicate to the courts when prison conditions have returned to a more normal state."