Lloyds TSB Commercial Finance Ltd. v Melia & Ors [2009] EWHC 1114 (QB) (05 May 2009)

Lloyds TSB Commercial Finance Ltd. v Melia & Ors [2009] EWHC 1114 (QB) (05 May 2009)

The first, second, and sixth defendants were in deliberate and serious breach of the court's disclosure orders. The first defendant's breaches were not merely technical or inadvertent; he deliberately withheld information, provided untruthful affidavits, and only disclosed information when forced by the claimant's discoveries. The contempt was serious and ongoing, warranting immediate imprisonment for the first defendant. The second and sixth defendants, having no assets, were found in contempt but not fined.

Citation
[2009] EWHC 1114 (QB)
Parties
Claimant: Lloyds TSB Commercial Finance Ltd; First Defendant: Nigel Melia (also known as Nigel Jones); Second Defendant: Ready To Trade LLP; Sixth Defendant: Hawk Employment Services Limited (formerly ACE Employment Services Limited)
Jurisdiction
England and Wales
Judgment Date
05 May 2009
Procedural Posture
Contempt of Court Application / Judgment on Committal/fine for Contempt
Outcome
First defendant committed to prison for contempt; second and sixth defendants found in contempt but no fine imposed; all three defendants provisionally ordered to pay claimant's costs on the indemnity basis.
Legal Topics
Contempt of Court, Disclosure Orders, Tracing of Assets, Fraudulent Misrepresentation, Committal Proceedings
Civil Procedure Fraud Banking and Finance Contempt of Court Disclosure Orders Tracing of Assets Fraudulent Misrepresentation Committal Proceedings

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 1 Party arguments 2 Amounts and remedies 11
Sign in to unlock

Parties

Lloyds TSB Commercial Finance Ltd

Claimant

Nigel Melia (also known as Nigel Jones)

First Defendant

Ready To Trade LLP

Second Defendant

Hawk Employment Services Limited (formerly ACE Employment Services Limited)

Sixth Defendant

Procedural Posture

Contempt of Court Application / Judgment on Committal/fine for Contempt

Legal Issues

  1. 1 Whether the first, second, and sixth defendants are in contempt of court for failing to comply with disclosure orders.
  2. 2 Whether the breaches were deliberate and ongoing.
  3. 3 What sanction is appropriate for the contempt found.

Ratio Decidendi

The first, second, and sixth defendants were in deliberate and serious breach of the court's disclosure orders. The first defendant's breaches were not merely technical or inadvertent; he deliberately withheld information, provided untruthful affidavits, and only disclosed information when forced by the claimant's discoveries. The contempt was serious and ongoing, warranting immediate imprisonment for the first defendant. The second and sixth defendants, having no assets, were found in contempt but not fined.

Court Disposition

First defendant committed to prison for contempt; second and sixth defendants found in contempt but no fine imposed; all three defendants provisionally ordered to pay claimant's costs on the indemnity basis.

Orders

  • First defendant (Nigel Melia) committed to prison for 56 days for contempt of court.
  • Findings of contempt made against second and sixth defendants (Ready To Trade LLP and Hawk Employment Services Limited) but no fine imposed due to lack of assets.