The first claimant sought committal of the first defendant for contempt of court, alleging breach of a freezing order, saying that the defendant had created a sham debt and repaid it.
Held: There had been no genuine loan agreement, and the defendant had been involved in an elaborate arrangement to give it credence. It was not necessary to show that the actions were intended to breach the court order, and the court had a discretion to commit a party for contempt even if the penal notice did not say so. The defendant here was aware of the possibility. The parties were invited to consider what further orders were appropriate in the light of these findings.
Teare J
[2009] EWHC 2718 (QB)
Bailii
England and Wales
Citing:
Cited – Stancomb v Trowbridge Urban District Council 1910
To establish a contempt of court it is not necessary to show an intention to disobey the court order. Warrington J said: ‘In my judgment, if a person or a corporation is restrained by injunction from doing a particular act, that person or . .
Cited – Mileage Conference Group of the Tyre Manufacturers’ Conference Ltd’s Agreement 1966
A substantial fine was imposed for contempt by breach of an undertaking which was not merely non-contumacious, but was committed reasonably on legal advice.
Megaw J suggested, obiter, that a penal order against a contemnor might include a . .
Cited – Sofroniou v Szgetti 25-Jul-1990
(Federal Court of Australia) The court has a discretion to enforce a breach of an order by committal despite the absence of a formal penal notice. The discretion conferred by RSC.Ord.45 r.7(6) applied not only when there had been no service at all . .
Cited – Director General of Fair Trading v Smiths Concrete: re Supply of Ready Mixed Concrete 1992
For a person to be found in contempt of a court order it is necessary to show that that he knew of the relevant order and with that knowledge he intended to do the act which amounted to a breach of the court order. It is not necessary to show that . .
Cited – Davy International Ltd and others v Tazzyman and others and Davy International Ltd and others v Durnig and others CA 1-May-1997
. .
Cited – Harmsworth v Harmsworth 1987
The court said that said that it would only be in an exceptional case that the procedural rules regarding committal applications could be waived. . .
Cited – Sofroniou v Szgetti 25-Jul-1990
(Federal Court of Australia) The court has a discretion to enforce a breach of an order by committal despite the absence of a formal penal notice. The discretion conferred by RSC.Ord.45 r.7(6) applied not only when there had been no service at all . .
Cited – Director General of Fair Trading v Smiths Concrete: re Supply of Ready Mixed Concrete 1992
For a person to be found in contempt of a court order it is necessary to show that that he knew of the relevant order and with that knowledge he intended to do the act which amounted to a breach of the court order. It is not necessary to show that . .
Cited – Tuohy and Others v Bell CA 27-Mar-2002
The appellant challenged an order for his committal for contempt. . .
Cited – Belgolaise Sa v Purchandani QBD 24-Jun-1998
Committal proceedings for contempt should be only the last resort and for flagrant refusal to disclose in breach of court order. It must be exceptional to dispense with penal notice, and impossible to do so retrospectively. . .
Applied – Nicholls v Nicholls CA 20-Dec-1996
The formalities of committal proceedings are to be strictly observed, but a breach of the formalities may be overlooked if it does not affect the justice of the case.
Lord Woolf MR considered the discretion given to a court to commit for . .
Mentioned – Moerman-Lenglet v Henshaw 25-Nov-1992
. .
Lists of cited by and citing cases may be incomplete.
Contempt of Court
Updated: 01 November 2021; Ref: scu.377359