Sarkis v Mirza [2005] EWCA Civ 937 (30 June 2005)

Sarkis v Mirza [2005] EWCA Civ 937 (30 June 2005)

The appellant's persistent and deliberate failure to comply with court orders for asset disclosure, despite repeated opportunities and reminders, justified the refusal of an adjournment and the imposition of a 28-day custodial sentence for contempt. The judge exercised his discretion properly, and the sentence was not manifestly excessive. There was no basis for a third party costs order against the voluntary funder of the appeal.

Citation
[2005] EWCA Civ 937
Parties
Claimant/respondent: Joseph Elias Sarkis; Defendant/appellant: Jan Wasfi Mirza
Jurisdiction
England and Wales
Judgment Date
30 June 2005
Procedural Posture
Civil Appeal / Appeal From Committal Order for Contempt of Court
Outcome
Appeal dismissed
Legal Topics
Committal for Contempt, Asset Disclosure, Freezing Injunction, Bankruptcy and Insolvency, Third Party Costs Funding
Civil Procedure Insolvency Contempt of Court Committal for Contempt Asset Disclosure Freezing Injunction Bankruptcy and Insolvency Third Party Costs Funding

Case Brief

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Parties

Joseph Elias Sarkis

Claimant/respondent

Jan Wasfi Mirza

Defendant/appellant

Procedural Posture

Civil Appeal / Appeal From Committal Order for Contempt of Court

Legal Issues

  1. 1 Whether the judge erred in refusing an adjournment of the committal hearing
  2. 2 Whether the immediate custodial sentence for contempt was justified and proportionate
  3. 3 Whether the appellant had complied with the asset disclosure order

Ratio Decidendi

The appellant's persistent and deliberate failure to comply with court orders for asset disclosure, despite repeated opportunities and reminders, justified the refusal of an adjournment and the imposition of a 28-day custodial sentence for contempt. The judge exercised his discretion properly, and the sentence was not manifestly excessive. There was no basis for a third party costs order against the voluntary funder of the appeal.

Court Disposition

Appeal dismissed

Orders

  • Committal order for 28 days' imprisonment upheld
  • Order for costs against the appellant