All posts by bernardoosullivan

ADM Rice Inc v Corporacion Comercializadora De Granos Basicos SA and others is an example of the increasing use of contempt in cases where defendants are totally unresponsive to disclosure obligations which are imposed ancillary to a freezing order.  In a judgment which will rival this post for brevity, Mr Justice Philips imposed 18 month … Continue reading 18 month prison sentences imposed for non-compliance with freezing order

In a further judgment in the Pugachev litigation (see our previous post here), Mr Justice Hildyard considered the following questions: whether a defendant who had been ordered to face cross-examination on his assets disclosed pursuant to a freezing order should be ordered to pay the costs of the cross-examination itself, and if so whether on … Continue reading Guidance on costs of cross-examination on assets disclosed pursuant to a freezing order

In an exhaustive judgment, Flaux J found in Boreh v Republic of Djibouti that the court had been misled by a solicitor and his client both at the without notice stage, when applying for a freezing injunction, and then subsequently inter partes. Even when challenged, the deception of the court, and the other party, was … Continue reading Injunctions: duty not to mislead the court

What is the appropriate costs order when some allegations of contempt have been proved, but not all? In PJSC Vseukrainskyi Aktsionernyi Bank v Maksimov, Hamblen J was faced with a finding of contempt that had been admitted from the outset and another finding of contempt which he thought proven but “technical”, but several other allegations … Continue reading Cost consequences following findings of contempt

The freeze jurisdiction of the English Court is wide and claimant-friendly. That has led to a trend in recent years of an exploration of the outer limits of the jurisdiction by claimants seeking to gain its benefits. Cruz City 1 Mauritius Holdings is another example of this exploration. The question was whether the Chabra jurisdiction … Continue reading Exploring the limits of the Chabra jurisdiction in arbitration cases

A company is obliged to do or not do something by an injunction but acts in breach of the injunction. In these circumstances what is the liability in contempt of a director of that company? The issue was considered by Hamblen J in the case of Ipartner v Panacore. In this case a number of … Continue reading Issues on contempt

In a mercifully short judgment in the long running Fiona Trust  case, Andrew Smith J considered (1) what conduct is relevant in deciding whether an enquiry for damages on a cross-undertaking should be refused; and (2) whether in the circumstances of that case it would be proper to refuse an enquiry. By way of judgment … Continue reading Parties’ conduct relevant as to whether to enforce the cross-undertaking in damages

The expense of international commercial fraud litigation has encouraged many litigators, in the last decade or so, to employ what might be called “sanction-focused litigation” where the focus is not necessarily on proceeding to a full trial of the action but on asserting (appropriate) pressure on the defendant through court-ordered sanctions for disobedience to court … Continue reading The use of contempt and other sanctions in modern commercial fraud cases