Therium (UK) Holdings Ltd v Brooke & Ors

Mr. Brooke's breaches were deliberate, premeditated, and calculated to thwart the court's authority and Therium's claim, justifying a severe custodial sentence near the statutory maximum to punish, deter, and coerce compliance.

Parties: Claimant: Therium (UK) Holdings Limited; First Defendant: Mr. Guy Brooke; Second Defendant: Ms. Emmy Ettema; Third Defendant: Cable Plus BV
Jurisdiction: England and Wales
Judgment Date: 07 October 2016
Procedural Posture: Contempt of Court Application (civil) / Sentencing Judgment
Outcome: Mr. Brooke sentenced to 21 months' imprisonment for contempt of court, concurrent on each finding.
Legal Topics: Breach of Freezing Order, Ancillary Disclosure Order, Committal for Contempt, Sentencing for Contempt

Civil Procedure Contempt of Court Injunctions Breach of Freezing Order Ancillary Disclosure Order Committal for Contempt Sentencing for Contempt

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Parties

Therium (UK) Holdings Limited

Claimant

Mr. Guy Brooke

First Defendant

Ms. Emmy Ettema

Second Defendant

Cable Plus BV

Third Defendant

Procedural Posture

Contempt of Court Application (civil) / Sentencing Judgment

Legal Issues

1 Whether Mr. Brooke is in contempt of court for breaching freezing and disclosure orders
2 Appropriate sentence for contempt in the context of deliberate and continuing breach

Ratio Decidendi

Court Disposition

Mr. Brooke sentenced to 21 months' imprisonment for contempt of court, concurrent on each finding.

Orders

Warrant for arrest of Mr. Brooke remains in force.
Mr. Brooke may apply for discharge if he purges his contempt by procuring transfer of the claim proceeds into court.