Aspect Capital Ltd v Christensen [2010] EWHC 744 (Ch) (29 March 2010)

Aspect Capital Ltd v Christensen [2010] EWHC 744 (Ch) (29 March 2010)

Mr Christensen deliberately breached the search and seizure order by lying, concealing and destroying evidence, and swearing perjured affidavits. These actions were serious contempts striking at the heart of the administration of justice and warranted a custodial sentence, though suspension was justified due to mitigating factors.

Citation
[2010] EWHC 744 (Ch)
Parties
Applicant/claimant: Aspect Capital Limited; Respondent/defendant: Hugh Christensen
Jurisdiction
England and Wales
Judgment Date
29 March 2010
Procedural Posture
Committal Application for Contempt of Court (civil) / Judgment and Sentencing
Outcome
Three months' imprisonment suspended for 18 months for six proven contempts of court.
Legal Topics
Contempt of Court, Search and Seizure Orders, Perjury, Destruction of Evidence, Breach of Court Orders
Civil Procedure Employment Law Equity Contempt of Court Search and Seizure Orders Perjury Destruction of Evidence Breach of Court Orders

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Parties

Aspect Capital Limited

Applicant/claimant

Hugh Christensen

Respondent/defendant

Procedural Posture

Committal Application for Contempt of Court (civil) / Judgment and Sentencing

Legal Issues

  1. 1 Whether Mr Christensen committed contempt of court by breaching a search and seizure order
  2. 2 Whether the breaches were deliberate and serious
  3. 3 Appropriate sanction for contempt including perjury and destruction of evidence

Ratio Decidendi

Mr Christensen deliberately breached the search and seizure order by lying, concealing and destroying evidence, and swearing perjured affidavits. These actions were serious contempts striking at the heart of the administration of justice and warranted a custodial sentence, though suspension was justified due to mitigating factors.

Court Disposition

Three months' imprisonment suspended for 18 months for six proven contempts of court.

Orders

  • Mr Christensen sentenced to three months' imprisonment, suspended for 18 months.
  • Warning that any further contempt during suspension may activate the sentence.