Lexi Holdings Plc v Luqman & Ors [2007] EWHC 2355 (Ch) (19 October 2007)

Lexi Holdings Plc v Luqman & Ors [2007] EWHC 2355 (Ch) (19 October 2007)

The court found beyond reasonable doubt that the purported evidence of Mr Cheema relied on by Mr Luqman was wholly unreliable, likely fabricated, and/or the product of threats and intimidation. Mr Luqman's conduct in adducing such evidence grossly aggravated his contempt. There was no evidential basis to modify the previous findings of contempt, and the application to review those findings was dismissed. The court held that it was open to increase the provisional sentence for contempt due to the aggravating conduct.

Citation
[2007] EWHC 2355 (Ch)
Parties
Claimant: Lexi Holdings PLC (In Administration); First Defendant: Shaid Luqman; Defendants: Other Defendants
Jurisdiction
England and Wales
Judgment Date
19 October 2007
Procedural Posture
Committal Application (contempt of Court) in Civil Proceedings / Post Judgment, Applications to Review Findings and Sentence, Further Evidence Considered
Outcome
Application by Mr Luqman to review findings of contempt dismissed; cross-application by the Company to review sentence allowed; sentence for contempt increased.
Legal Topics
Committal for Contempt, Fabrication of Evidence, Perverting the Course of Justice, Review of Sentence, Admissibility and Weight of Evidence
Civil Procedure Contempt of Court Committal for Contempt Fabrication of Evidence Perverting the Course of Justice Review of Sentence Admissibility and Weight of Evidence

Case Brief

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Parties

Lexi Holdings PLC (In Administration)

Claimant

Shaid Luqman

First Defendant

Other Defendants

Defendants

Procedural Posture

Committal Application (contempt of Court) in Civil Proceedings / Post Judgment, Applications to Review Findings and Sentence, Further Evidence Considered

Legal Issues

  1. 1 Whether Mr Luqman was in contempt of court in relation to the Cheema grounds
  2. 2 Whether new evidence adduced by Mr Luqman was fabricated or unreliable
  3. 3 Whether the provisional sentence for contempt should be increased due to aggravating conduct

Ratio Decidendi

The court found beyond reasonable doubt that the purported evidence of Mr Cheema relied on by Mr Luqman was wholly unreliable, likely fabricated, and/or the product of threats and intimidation. Mr Luqman's conduct in adducing such evidence grossly aggravated his contempt. There was no evidential basis to modify the previous findings of contempt, and the application to review those findings was dismissed. The court held that it was open to increase the provisional sentence for contempt due to the aggravating conduct.

Court Disposition

Application by Mr Luqman to review findings of contempt dismissed; cross-application by the Company to review sentence allowed; sentence for contempt increased.

Orders

  • Mr Luqman's application to review findings of contempt is dismissed.
  • The provisional sentence of 18 months' imprisonment for each Cheema ground is increased due to aggravating conduct.