Otkritie International Investment Management Ltd & Ors v Jemai

Otkritie International Investment Management Ltd & Ors v Jemai

The Court of Appeal held that Mrs Jemai had proper notice of the committal proceedings and hearings, the findings of contempt were justified on the evidence, the orders for alternative service were valid, and there was no basis to grant extensions of time or permission to appeal. The appeals and applications were dismissed.

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 (commercial Court) to Court of Appeal
Outcome
Appeal dismissed; applications for extension of time and permission to appeal refused.
Legal Topics
Committal for Contempt, Alternative Service, Jurisdiction, Costs Orders, Asset Freezing Orders
Civil Procedure Commercial Law Fraud Committal for Contempt Alternative Service Jurisdiction Costs Orders Asset Freezing Orders

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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 (commercial Court) to Court of Appeal

Legal Issues

  1. 1 Whether Mrs Jemai had proper notice of committal proceedings and hearings
  2. 2 Whether the allegations of contempt of court were proved beyond reasonable doubt
  3. 3 Whether orders for alternative service were valid and effective

Ratio Decidendi

The Court of Appeal held that Mrs Jemai had proper notice of the committal proceedings and hearings, the findings of contempt were justified on the evidence, the orders for alternative service were valid, and there was no basis to grant extensions of time or permission to appeal. The appeals and applications were dismissed.

Court Disposition

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

Orders

  • Mrs Jemai's appeal against the order of Flaux J dated 26 June 2015 dismissed.
  • Mrs Jemai's appeal against the Eder contempt order dismissed.