Otkritie International Investment Management Ltd & Ors v Jemai [2016] EWCA Civ 1316 (21 December 2016)

Otkritie International Investment Management Ltd & Ors v Jemai [2016] EWCA Civ 1316 (21 December 2016)

Mrs Jemai had proper notice of the committal proceedings and hearings through multiple channels, including email and her Swiss lawyer; the findings of contempt were properly established on the evidence; alternative service was valid; and there was no basis for extensions of time or permission to appeal as the requirements were not met and there was no real prospect of success.

Citation
[2016] EWCA Civ 1316
Parties
Claimants/respondents: Otkritie International Investment Management Ltd and others; Defendant/appellant: Olessia Jemai
Jurisdiction
England and Wales
Judgment Date
21 December 2016
Procedural Posture
Civil Appeal / Appeal From High Court (queen's Bench Division, Commercial Court) to Court of Appeal
Outcome
Appeal dismissed; applications for extensions of time and permission to appeal refused.
Legal Topics
Committal for Contempt, Alternative Service, Jurisdiction, Money Laundering, Costs Orders, Extensions of Time, Permission to Appeal
Civil Procedure Commercial Law Fraud Contempt of Court Committal for Contempt Alternative Service Jurisdiction Money Laundering +3 more

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Parties

Otkritie International Investment Management Ltd and others

Claimants/respondents

Olessia Jemai

Defendant/appellant

Procedural Posture

Civil Appeal / Appeal From High Court (queen's Bench Division, Commercial Court) to Court of Appeal

Legal Issues

  1. 1 Whether Mrs Jemai had proper notice of committal proceedings and hearings
  2. 2 Whether contempt of court was established beyond reasonable doubt
  3. 3 Whether alternative service was valid and compliant with law

Ratio Decidendi

Mrs Jemai had proper notice of the committal proceedings and hearings through multiple channels, including email and her Swiss lawyer; the findings of contempt were properly established on the evidence; alternative service was valid; and there was no basis for extensions of time or permission to appeal as the requirements were not met and there was no real prospect of success.

Court Disposition

Appeal dismissed; applications for extensions of time and permission to appeal refused.

Orders

  • Dismissal of appeal against Flaux J's order of 26 June 2015
  • Dismissal of appeal against Eder J's committal order