JSC BTA Bank v Solodchenko & Ors [2011] EWCA Civ 1241 (28 October 2011)

JSC BTA Bank v Solodchenko & Ors [2011] EWCA Civ 1241 (28 October 2011)

The High Court's decision was based on the false premise that the defendant had purged his contempt. In fact, the defendant had not complied with the disclosure obligations and had aggravated his contempt by providing false evidence. The appropriate sentence for such contempt, given its seriousness and continuing nature, is 21 months imprisonment, with a minimum of nine months to be served as punishment for past non-compliance.

Citation
[2011] EWCA Civ 1241
Parties
Claimant: JSC BTA Bank; First Defendant: Roman Vladimirovich Solodchenko; Second Defendant: Paul Kythreotis
Jurisdiction
England and Wales
Judgment Date
28 October 2011
Procedural Posture
Appeal (civil) / Court of Appeal Judgment on Appeal From High Court
Outcome
Appeal allowed. High Court order discharged. Substituted sentence imposed.
Legal Topics
Contempt of Court, Freezing Orders, Disclosure Obligations, Sentencing for Civil Contempt
Civil Procedure Banking Law Contempt of Court Freezing Orders Disclosure Obligations Sentencing for Civil Contempt

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Parties

JSC BTA Bank

Claimant

Roman Vladimirovich Solodchenko

First Defendant

Paul Kythreotis

Second Defendant

Procedural Posture

Appeal (civil) / Court of Appeal Judgment on Appeal From High Court

Legal Issues

  1. 1 Whether the High Court erred in failing to impose a substantive sentence for contempt of court for non-compliance with a freezing order's disclosure provisions
  2. 2 Whether the defendant had purged his contempt by the time of sentencing

Ratio Decidendi

The High Court's decision was based on the false premise that the defendant had purged his contempt. In fact, the defendant had not complied with the disclosure obligations and had aggravated his contempt by providing false evidence. The appropriate sentence for such contempt, given its seriousness and continuing nature, is 21 months imprisonment, with a minimum of nine months to be served as punishment for past non-compliance.

Court Disposition

Appeal allowed. High Court order discharged. Substituted sentence imposed.

Orders

  • Order of the High Court discharged.
  • Defendant Paul Kythreotis sentenced to 21 months imprisonment for contempt of court, with a minimum of nine months to be served as punitive element.