Category Archives: Contempt

In Khrapunov v JSC BTA Bank, the Court of Appeal has ruled that a third party who helped a defendant dissipate his assets in breach of a worldwide freezing order and receivership order is liable for conspiracy to injure by unlawful means.  Contempt of court for breach of the court order qualified as the requisite … Continue reading Court of Appeal rules contempt of court constitutes “unlawful means” in claim for conspiracy to injure

A short judgment from Mr Justice Henderson on 22 July 2016 in the case of Haederle v Thomas, is a reminder of the importance of “crossing every T” when it comes to the wording of freezing injunctions, not least if one wishes for the injunction to carry a criminal sanction. In this case Mr Haederle … Continue reading Minor but uncorrected error in freezing injunction defeats committal application

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

On Thursday 4 February, Olswang hosted a cross-disciplinary seminar, chaired by High Court judge, Mr Justice Birss, on the changing face of injunctions in the age of the internet and mass data. With contributions from experts in intellectual property, digital litigation, commercial litigation and employment law, the discussion covered a range of new developments, with … Continue reading Injunctions in the digital age

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

On 24 June, the Lord Chief Justice, Lord Thomas, issued Practice Guidance on Committal for Contempt of Court. The Guidance is intended to clarify aspects of the Practice Direction on Committal for Contempt issued in March 2015 (see our post here), which explained the operation of the fundamental principle that applications for committal of contempt … Continue reading Guidance on the Practice Direction on Committal for Contempt of Court

The Court of Appeal has exercised its discretion to hear an appeal from a party who was in contempt of several earlier court orders, in Hin-Pro International Logistics Ltd v Compania Sud Americana De Vapores SA. Several anti-suit injunctions had been made by lower courts prohibiting the appellant, Hin-Pro, from pursuing proceedings in China in … Continue reading Court of Appeal hears appeal from party in contempt of court

On 26 March 2015, the Lord Chief Justice, Lord Thomas, issued a new Practice Direction on Committal for Contempt of Court. The Practice Direction, which is expressed as applying to all proceedings for committal for contempt of court, explains how the principle of open justice (the general rule that hearings should take place and judgments … Continue reading New Practice Direction on Committal for Contempt of Court

In Okritie International Investment Management v Gersamia, Eder J committed the two respondents to prison for contempt, and endorsed a useful summary of the case law setting out when a custodial sentence is appropriate. Vladimir Gersamia and Olessia Jemai had both been involved in a substantial fraud against the applicants. In the judgment in the … Continue reading Guidance on imprisonment for contempt of court

In JSC VTB Bank v Skurikhin [2014] EWHC 4613 (Comm), Pavel Skurikhin was sentenced to 12 months’ imprisonment for contempt of court after failing to comply with disclosure obligations contained within a freezing order. This judgment demonstrates the potentially serious consequences of breaching a freezing order, but also notes that a breach must be extremely … Continue reading Reminder of the potentially serious consequences of breaching a freezing order