Pospischal v Phillips: CA 20 Jan 1988

Where property was sold, and assets dissipated in breach of a Mareva injunction, an immediate prison sentence was necessary to both protect the plaintiff and punish the defendant. However, the court substituted a sentence of six weeks’ imprisonment for the ten weeks imposed by the judge because the defendant was able to raise a loan and the money could be placed in the names of solicitors which would enable the Mareva injunction to be discharged.

Judges:

Taylor LJ

Citations:

Times 20-Jan-1988

Jurisdiction:

England and Wales

Cited by:

CitedCrystal Mews Ltd v Metterick and Others ChD 13-Nov-2006
The court considered the punishment on finding contempt proved for breach of a freezing order: ‘In contempt cases the object of the penalty is both to punish conduct in defiance of the court’s order as well as serving a coercive function by holding . .
CitedAspect Capital Ltd v Christensen ChD 29-Mar-2010
The defendant, a former senior employee had appeared dishonest and been dismissed. A search and seizure order was obtained, and the claimant now said that the defendant was in contempt of it. The parties disputed the extent of his admissions of . .
Lists of cited by and citing cases may be incomplete.

Contempt of Court

Updated: 18 June 2022; Ref: scu.408558