Aspect Capital Ltd v Christensen

Mr Christensen committed six proven contempts of court, including perjury and destruction of evidence, all deliberate and serious, justifying a custodial sentence. However, mitigating factors including partial cooperation, apology, previous good character, and mental health justified suspension of the sentence.

Parties: Applicant/claimant: Aspect Capital Limited; Respondent/defendant: Hugh Christensen
Jurisdiction: England and Wales
Judgment Date: 29 March 2010
Procedural Posture: Contempt of Court (civil) / Sentencing After Newton Hearing
Outcome: Three months' imprisonment suspended for 18 months for contempt of court.
Legal Topics: Contempt of Court, Search and Seizure Orders, Perjury, Destruction of Evidence

Civil Procedure Employment Law Contempt of Court Search and Seizure Orders Perjury Destruction of Evidence

Case Brief

Summary, issues, holding and outcome

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Parties

Aspect Capital Limited

Applicant/claimant

Hugh Christensen

Respondent/defendant

Procedural Posture

Contempt of Court (civil) / Sentencing After Newton Hearing

Legal Issues

1 Whether Mr Christensen committed contempt of court by breaching a search and seizure order
2 The extent and gravity of Mr Christensen's breaches of the order
3 Appropriate sentence for contempt involving perjury and destruction of evidence

Ratio Decidendi

Court Disposition

Three months' imprisonment suspended for 18 months for contempt of court.

Orders

Mr Christensen sentenced to three months' imprisonment, suspended for 18 months.
If further contempts are committed within 18 months, the sentence may be activated.