7 Rolls Buildings
London EC4A 1NL
B e f o r e :
| FOX INTERNATIONAL GROUP LIMITED
|- and -
The Defendant represented himself
Crown Copyright ©
His Honour Judge Birss QC :
i) Fox seek an order requiring Mr Folly to assign the domain names stalkettackle.co.uk and stalkerclothing.co.uk
ii) Fox seek an order publicising the judgment.
iii) There is an argument about the period in which Mr Folly should give disclosure on the Island Records v Tring principle.
Costs (paragraphs 12 and 13 of the draft order)
Alleged contempt of court
This is a judgment to which the Practice Direction supplementing CPR Part 40 applies. It will be handed down on Tuesday 1st November 2011 at 10:30 in Court No [ ]. This draft is confidential to the parties and their legal representatives and accordingly neither the draft itself nor its substance may be disclosed to any other person or used in the public domain. The parties must take all reasonable steps to ensure that its confidentiality is preserved. No action is to be taken (other than internally) in response to the draft before judgment has been formally pronounced. A breach of any of these obligations may be treated as a contempt of court.. The official version of the judgment will be available from the County Court Office once it has been approved by the judge.
The court is likely to wish to hand down its judgment in an approved final form. Counsel should therefore submit any list of typing corrections and other obvious errors in writing (Nil returns are required) to […] so that changes can be incorporated, if the judge accepts them, in the handed down judgment.
I would like to draw to your attention what I believe to be a breach of the draft judgement conditions set out in the "In Confidence" heading.
Fox International have requested eBay to remove the listings disputed within the case, hence my belief they have broken the "No action is to be taken (other than internally) in response to the draft before judgment has been formally pronounced" condition.
I have attached correspondence sent to Dickinson Dees regarding the issue and the eBay communication.
As this action taken by your client is prohibited by the judgement, we will have no option that to inform the judge of your contempt of court
21. At no point have I sought to take the terms upon which the draft judgment was communicated to me lightly and I hope that the above explanation provides sufficient information for the court to consider the assertion of contempt of court made by the defendant against me.
22. Whilst I hope that it will not be necessary for me to attend court, I appreciate that this is a decision wholly in the hands of the judge presiding over this matter. I await the further direction(s) of a court on this issue
23. Without qualifying anything said above, I accept in retrospect that I made the Stalker Vero request at an unfortunate time, in that it was liable to be misconstrued by the defendant. That is of course what happened. It would have been more sensible for me to have waited until the judgment was handed down. In light of that, I have instructed Dickinson Dees to ensure that none of the costs incurred by the claimant in relation to this issue will be sought from the defendant.
On Monday 24th of October I was notified by the eBay Vero team that I had items removed from my store under the Vero scheme by Fox International. I was unable to make any defence or amendments to the listings as I was bound by the order not to disclose the order or take any action.
The evidence provided dates the Vero request by Mr Reeves as the 24th October, not the 20th October as Mr Reeves statement.
We have this morning had correspondence from eBay that you have requested our stalker tackle items be removed from our listings.