Eim v Stacha [2021] EWHC 2761 (Comm) (14 October 2021)

Eim v Stacha [2021] EWHC 2761 (Comm) (14 October 2021)

Mr Lewis knowingly and deliberately breached the Revised Freezing Injunction by disposing of assets under his late mother's will, and made false statements to conceal those assets. His conduct was intentional, not inadvertent, and amounted to serious contempt of court warranting immediate custodial sentence.

Citation
[2021] EWHC 2761 (Comm)
Parties
First Applicant: Josef Eim; Second Applicant: Radek Stacha; Second Defendant: Perry Lewis
Jurisdiction
England and Wales
Judgment Date
14 October 2021
Procedural Posture
Committal Application (civil Contempt) / Judgment on Committal and Sentencing
Outcome
Committal for contempt; immediate custodial sentence imposed.
Legal Topics
Contempt of Court, Freezing Injunctions, Bankruptcy, Asset Disclosure, Sentencing for Contempt
Civil Procedure Insolvency Probate Commercial Law Contempt of Court Freezing Injunctions Bankruptcy Asset Disclosure +1 more

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Parties

Josef Eim

First Applicant

Radek Stacha

Second Applicant

Perry Lewis

Second Defendant

Procedural Posture

Committal Application (civil Contempt) / Judgment on Committal and Sentencing

Legal Issues

  1. 1 Whether Mr Lewis committed contempt of court by disposing of assets in breach of a freezing injunction
  2. 2 Whether Mr Lewis's state of mind was deliberate or inadvertent in breaching the order
  3. 3 Whether knowingly false statements were made as to assets in an affidavit

Ratio Decidendi

Mr Lewis knowingly and deliberately breached the Revised Freezing Injunction by disposing of assets under his late mother's will, and made false statements to conceal those assets. His conduct was intentional, not inadvertent, and amounted to serious contempt of court warranting immediate custodial sentence.

Court Disposition

Committal for contempt; immediate custodial sentence imposed.

Orders

  • Mr Lewis committed to prison for contempt of court for deliberate breach of freezing injunction.
  • Sentence measured in months, not weeks, reflecting seriousness and aggravating factors.