All posts with the tag: Contempt

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

In Vitol SA v Morley, the Commercial Court refused an application that a defendant which was subject to a worldwide freezing order bring a sum of money into the jurisdiction to pay into court. The claimant alleged that the defendant had paid sums to a company connected with it (the “Company”) despite its position that … Continue reading Court refuses claimant’s application that defendant bring monies into the jurisdiction

On Friday, Mrs Justice Roberts lifted a ban on naming Miss Olive Howell, who she jailed for contempt of court for seven days last Tuesday. Mrs Justice Roberts originally granted the reporting restriction on Tuesday last week during an open hearing for the committal of Miss Howell following her failure to comply with a court order … Continue reading Contempt mother named in High 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

In Inplayer Ltd (formerly Invideous Ltd) and others v Thorogood the Court of Appeal overturned two convictions for contempt against the first defendant on the basis of procedural irregularities. The first defendant had been a director and a minor shareholder of the first claimant, subject to a shareholders’ agreement. He had left and set up … Continue reading Court of Appeal overturns committal for contempt for alleged breaches of an injunction on the basis of procedural irregularities

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

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