A level playing field for contempt – Sports Direct International v Rangers

The decision of Mr Justice Peter Smith in Sports Direct International plc v Rangers International Football Club plc and another [2016] EWHC 85 (Ch) to refuse to commit the respondent for contempt for alleged breach of an injunction shows the caution that the court will sometimes show when it comes to seeking to enforce injunctive relief. The case related to the commercial arrangements concerning Rangers FC, a Scottish football club (but litigated in England).  Sports Direct International had entered wide-ranging commercial negotiations with Rangers FC.  To support these negotiations, in September 2014 a “Confidentiality Undertaking” had been entered into which required Rangers FC (but not Sports Direct International) to keep all matters relating to the negotiations confidential.  Following the publication of an article in the Daily Record in June 2015 Mrs Justice Asplin granted an injunction against Rangers FC based on the terms of the Confidentiality Undertaking. Following an interview with … Continue Reading ››