Sheikh Abdulrahman Khalid Bin Mahfouz & Ors v El-Rashid & Ors

Sheikh Abdulrahman Khalid Bin Mahfouz & Ors v El-Rashid & Ors

The court was satisfied beyond reasonable doubt that the First Defendant was in contempt of court by failing to provide full details of the disposition of the €35m as required by the Freezing Order, failing to disclose all bank accounts under his control, and failing to give effective access to vehicles and disclose their locations as required by the Vehicle Order. The evidence against the First Defendant was unchallenged and his explanations were unsubstantiated.

Parties
Applicant/claimant: Sheikh Abdulrahman Khalid Bin Mahfouz; Applicant/claimant: Sheikh Sultan Bin Mahfouz; Applicant/claimant: Eman Bin Mahfouz; Applicant/claimant: Naela Bint Abdulaziz Mohammed Kaki; Applicant/claimant: Arab Asian International Holding Company BSC (Closed); Respondent/first Defendant: Muhaned Farid Mahmoud El-Rashid; Second Defendant: Noble Holdings Group Corporation; Third Defendant: Ms Loreta Stakauskaite
Jurisdiction
England and Wales
Judgment Date
22 June 2017
Procedural Posture
Contempt Application (civil Proceedings) / Judgment on Committal Application
Outcome
Application for committal for contempt of court allowed in part; First Defendant found in contempt on three principal grounds.
Legal Topics
Contempt of Court, Freezing Orders, Asset Disclosure, Enforcement of Judgments
Civil Procedure Commercial Law Contempt of Court Freezing Orders Asset Disclosure Enforcement of Judgments

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Parties

Sheikh Abdulrahman Khalid Bin Mahfouz

Applicant/claimant

Sheikh Sultan Bin Mahfouz

Applicant/claimant

Eman Bin Mahfouz

Applicant/claimant

Naela Bint Abdulaziz Mohammed Kaki

Applicant/claimant

Arab Asian International Holding Company BSC (Closed)

Applicant/claimant

Muhaned Farid Mahmoud El-Rashid

Respondent/first Defendant

Noble Holdings Group Corporation

Second Defendant

Ms Loreta Stakauskaite

Third Defendant

Procedural Posture

Contempt Application (civil Proceedings) / Judgment on Committal Application

Legal Issues

  1. 1 Whether the First Defendant was in contempt of court for breaching the Freezing Order by failing to provide full details of the disposition of €35m.
  2. 2 Whether the First Defendant failed to disclose all bank accounts as required by the Freezing Order.
  3. 3 Whether the First Defendant failed to give effective access to vehicles and disclose their locations as required by the Vehicle Order.

Ratio Decidendi

The court was satisfied beyond reasonable doubt that the First Defendant was in contempt of court by failing to provide full details of the disposition of the €35m as required by the Freezing Order, failing to disclose all bank accounts under his control, and failing to give effective access to vehicles and disclose their locations as required by the Vehicle Order. The evidence against the First Defendant was unchallenged and his explanations were unsubstantiated.

Court Disposition

Application for committal for contempt of court allowed in part; First Defendant found in contempt on three principal grounds.

Orders

  • First Defendant found in contempt of court for (i) failing to provide full details of what happened to the money, (ii) failing to disclose all bank accounts, and (iii) failing to give effective access to vehicles and disclose their locations.
  • First Defendant to be given opportunity to address the court in mitigation before sentencing.