Schwartz v VGV (UK) Ltd & Ors [2020] EWHC 2227 (Ch) (14 August 2020)

Schwartz v VGV (UK) Ltd & Ors [2020] EWHC 2227 (Ch) (14 August 2020)

VGV (UK) Limited was found in contempt of court for failing to comply with disclosure and production orders, including failure to provide a witness statement, affidavit, and documents as required. Mr Vivanco was not found to have exercised de facto control over VGV (UK) Limited sufficient to make him liable for its contempts, and was not found in contempt on the evidence. The orders were sufficiently clear and compliance was possible; the breaches by VGV (UK) Limited were deliberate and unjustified.

Citation
[2020] EWHC 2227 (Ch)
Parties
Claimant: Gabriela Schwartz; First Defendant: VGV (UK) Limited; Second Defendant: Promociones e Inversiones Sudamericanas S. A.; Third Defendant: Peruexpres Sociedad de Responsabilidad Limitada; Fourth Defendant: Holding Grupo TV Cable S. A. Limited; Fifth Defendant: Clemente Jose Vivanco Salvador
Jurisdiction
England and Wales
Judgment Date
14 August 2020
Procedural Posture
Contempt Application (committal Proceedings) / Judgment After Substantive Hearing of Committal Application
Outcome
VGV (UK) Limited found in contempt of court; Mr Vivanco not found in contempt.
Legal Topics
Contempt of Court, Trust Administration, Interim Injunctions, Jurisdiction and Forum, Disclosure Obligations
Trusts and Equity Civil Procedure Private International Law Contempt of Court Trust Administration Interim Injunctions Jurisdiction and Forum Disclosure Obligations

Case Brief

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Parties

Gabriela Schwartz

Claimant

VGV (UK) Limited

First Defendant

Promociones e Inversiones Sudamericanas S. A.

Second Defendant

Peruexpres Sociedad de Responsabilidad Limitada

Third Defendant

Holding Grupo TV Cable S. A. Limited

Fourth Defendant

Clemente Jose Vivanco Salvador

Fifth Defendant

Procedural Posture

Contempt Application (committal Proceedings) / Judgment After Substantive Hearing of Committal Application

Legal Issues

  1. 1 Whether VGV (UK) Limited and Mr Vivanco committed contempt of court by breaching disclosure and production orders relating to trust assets and documents.
  2. 2 Whether Mr Vivanco exercised de facto control over VGV (UK) Limited for the purposes of contempt liability.
  3. 3 Whether impossibility of compliance or ambiguity in the order negates contempt.

Ratio Decidendi

VGV (UK) Limited was found in contempt of court for failing to comply with disclosure and production orders, including failure to provide a witness statement, affidavit, and documents as required. Mr Vivanco was not found to have exercised de facto control over VGV (UK) Limited sufficient to make him liable for its contempts, and was not found in contempt on the evidence. The orders were sufficiently clear and compliance was possible; the breaches by VGV (UK) Limited were deliberate and unjustified.

Court Disposition

VGV (UK) Limited found in contempt of court; Mr Vivanco not found in contempt.

Orders

  • Declaration that VGV (UK) Limited is in contempt of court for breaches of the January and February orders.
  • No committal order made against Mr Vivanco; application against him dismissed.