KJM Superbikes Ltd v Hinton [2008] EWCA Civ 1280, [2008] All ER (D) 200 (Nov)
Court of Appeal, Civil Division, Mummery, Arden and Moore-Bick LJJ, 20 Nov 2008
The court should exercise great caution before giving permission to bring private proceedings for contempt of court where it appears that a witness has made untrue statements under oath. It would have to require a strong case both that the statement in question was untrue and that the maker knew that it was untrue at the time he made it.
Iain Purvis QC and Kathryn Pickard (instructed by Robinsons) for the claimant. David Waters QC and Dean Armstrong (instructed by Eversheds LLP) for the defendant.
The well-known motorcycle manufacturer, Honda Motor Co Ltd and its UK subsidiary (collectively, Honda), brought proceedings in England against the claimant in the instant case, who was a motorcycle dealer. Honda alleged infringement of its trademarks and applied for summary judgment. The claimant opposed the application. In response, Honda
