Tonstate Group Ltd & Ors v Wojakovski [2022] EWHC 1771 (Ch) (15 July 2022)

Tonstate Group Ltd & Ors v Wojakovski [2022] EWHC 1771 (Ch) (15 July 2022)

It was not established on the balance of probabilities that Mr Wojakovski lacks capacity to conduct the contempt proceedings. The statutory presumption of capacity was not rebutted; the evidence demonstrated difficulties but not inability to make decisions with appropriate assistance. The contempt allegations were not overly complex, and Mr Wojakovski had demonstrated sufficient understanding and ability to approve complex documents in related proceedings.

Citation
[2022] EWHC 1771 (Ch)
Parties
Applicant/claimant: Tonstate Group Limited (in Liquidation); Applicant/claimant: Tonstate Edinburgh Limited (in Liquidation); Applicant/claimant: Dan-Ton Investments Limited (in Liquidation); Applicant/claimant: Arthur Matyas; Respondent/defendant: Edward Wojakovski
Jurisdiction
England and Wales
Judgment Date
15 July 2022
Procedural Posture
High Court Civil Proceedings (business and Property Courts, Chancery Division) / Interlocutory Application—determination of Respondent's Capacity to Conduct Contempt Proceedings
Outcome
Application for a stay of contempt proceedings on grounds of incapacity refused; Mr Wojakovski found to have capacity to conduct contempt proceedings.
Legal Topics
Capacity to Litigate, Contempt of Court, Mental Capacity Act 2005, Bankruptcy Proceedings, Expert Evidence
Civil Procedure Mental Capacity Law Insolvency Capacity to Litigate Contempt of Court Mental Capacity Act 2005 Bankruptcy Proceedings Expert Evidence

Case Brief

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Parties

Tonstate Group Limited (in Liquidation)

Applicant/claimant

Tonstate Edinburgh Limited (in Liquidation)

Applicant/claimant

Dan-Ton Investments Limited (in Liquidation)

Applicant/claimant

Arthur Matyas

Applicant/claimant

Edward Wojakovski

Respondent/defendant

Procedural Posture

High Court Civil Proceedings (business and Property Courts, Chancery Division) / Interlocutory Application—determination of Respondent's Capacity to Conduct Contempt Proceedings

Legal Issues

  1. 1 Whether Edward Wojakovski has capacity to conduct contempt proceedings against him under the Mental Capacity Act 2005 and CPR 21
  2. 2 Whether a stay of contempt proceedings should be granted due to alleged incapacity

Ratio Decidendi

It was not established on the balance of probabilities that Mr Wojakovski lacks capacity to conduct the contempt proceedings. The statutory presumption of capacity was not rebutted; the evidence demonstrated difficulties but not inability to make decisions with appropriate assistance. The contempt allegations were not overly complex, and Mr Wojakovski had demonstrated sufficient understanding and ability to approve complex documents in related proceedings.

Court Disposition

Application for a stay of contempt proceedings on grounds of incapacity refused; Mr Wojakovski found to have capacity to conduct contempt proceedings.

Orders

  • Directions to be made for trial with appropriate adjustments for vulnerability, including frequent breaks and special measures.
  • Submissions to be requested from Mr Wojakovski's trustees in bankruptcy regarding the stay in bankruptcy proceedings.