The Financial Conduct Authority v McKendrick [2019] EWHC 607 (Ch) (01 March 2019)

Mr McKendrick deliberately breached clear and important worldwide freezing orders, admitted contempt, apologised, and attempted compliance, but the seriousness and deliberateness of the breaches necessitate an unsuspended custodial sentence.

Citation: [2019] EWHC 607 (Ch)
Parties: Claimant/applicant: The Financial Conduct Authority; Tenth Defendant/respondent: Robert John McKendrick
Jurisdiction: England and Wales
Judgment Date: 01 March 2019
Procedural Posture: Committal Application Under CPR Part 8 / Judgment on Contempt and Sentencing
Outcome: Mr McKendrick committed to prison for six months for contempt of court.
Legal Topics: Contempt of Court, Worldwide Freezing Orders, Asset Disclosure, Mitigation and Sentencing

Civil Procedure Financial Regulation Bankruptcy Contempt of Court Worldwide Freezing Orders Asset Disclosure Mitigation and Sentencing

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Parties

The Financial Conduct Authority

Claimant/applicant

Robert John McKendrick

Tenth Defendant/respondent

Procedural Posture

Committal Application Under CPR Part 8 / Judgment on Contempt and Sentencing

Legal Issues

1 Whether Mr McKendrick breached the Roth and McCahill worldwide freezing orders
2 Whether the breaches constitute contempt of court
3 Appropriate penalty for contempt

Ratio Decidendi

Court Disposition

Mr McKendrick committed to prison for six months for contempt of court.

Orders

Mr McKendrick to be committed for six months from date of apprehension.
Entitlement to unconditional release after serving half the sentence under section 258 Criminal Justice Act 2003.