Ahmad v Ouajjou & Anor [2024] EWHC 1096 (Comm) (29 April 2024)

Ahmad v Ouajjou & Anor [2024] EWHC 1096 (Comm) (29 April 2024)

Deliberate breaches of the worldwide freezing orders by both defendants, including disposal of a substantial asset and exceeding expenditure limits, constitute serious contempts warranting immediate custodial sentences. Mitigation based on apologies, admissions, and impact on children was insufficient to justify suspension. The sentences imposed are the minimum commensurate with the offences, and the principle of totality was applied to concurrent sentences for D2.

Citation
[2024] EWHC 1096 (Comm)
Parties
Claimant: Shahraab Ahmad; First Defendant: Karim Ouajjou; Second Defendant: Yasmin Al Sahoud Perez
Jurisdiction
England and Wales
Judgment Date
29 April 2024
Procedural Posture
Contempt Application / Sentencing Judgment
Outcome
Immediate custodial sentences imposed for contempt of court; no suspension; no debarment from counterclaim.
Legal Topics
Contempt of Court, Worldwide Freezing Orders, Sentencing, Asset Dissipation
Civil Procedure Commercial Law Contempt of Court Worldwide Freezing Orders Sentencing Asset Dissipation

Case Brief

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Parties

Shahraab Ahmad

Claimant

Karim Ouajjou

First Defendant

Yasmin Al Sahoud Perez

Second Defendant

Procedural Posture

Contempt Application / Sentencing Judgment

Legal Issues

  1. 1 Appropriate sentence for admitted contempt of court by breach of worldwide freezing orders
  2. 2 Whether sentences should be suspended
  3. 3 Whether D1 should be debarred from pursuing a counterclaim

Ratio Decidendi

Deliberate breaches of the worldwide freezing orders by both defendants, including disposal of a substantial asset and exceeding expenditure limits, constitute serious contempts warranting immediate custodial sentences. Mitigation based on apologies, admissions, and impact on children was insufficient to justify suspension. The sentences imposed are the minimum commensurate with the offences, and the principle of totality was applied to concurrent sentences for D2.

Court Disposition

Immediate custodial sentences imposed for contempt of court; no suspension; no debarment from counterclaim.

Orders

  • Order of committal for Karim Ouajjou: nine months' imprisonment, immediate effect.
  • Order of committal for Yasmin Al Sahoud Perez: nine months' imprisonment for sale of Madrid property, six months' imprisonment for transfer of interest, three months' imprisonment for breach of expenditure limits, all to run concurrently, immediate effect.