Schwartz v VGV (UK) Ltd & Ors [2020] EWHC 3500 (Ch) (25 November 2020)

Schwartz v VGV (UK) Ltd & Ors [2020] EWHC 3500 (Ch) (25 November 2020)

The seriousness and deliberate nature of Mr Vivanco's contempt in failing to provide a digital copy of the 2nd Letter of Wishes, combined with lack of admission or apology and the prejudice caused to the claimant, required an immediate custodial sentence. Mitigation reduced the sentence to four months. No sanction was imposed on VGV (UK) Limited due to its liquidation and lack of assets. Costs were apportioned based on the parties' relative success and conduct.

Citation
[2020] EWHC 3500 (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
25 November 2020
Procedural Posture
Committal Application for Contempt of Court / Sanctions and Costs Ruling After Finding of Contempt
Outcome
Mr Vivanco sentenced to four months' imprisonment for contempt of court; no sanction imposed on VGV (UK) Limited; costs orders made as specified.
Legal Topics
Contempt of Court, Sanctions for Contempt, Trustee Duties, Costs Orders, Committal Proceedings
Civil Procedure Trusts and Equity Insolvency Contempt of Court Sanctions for Contempt Trustee Duties Costs Orders Committal Proceedings

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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

Committal Application for Contempt of Court / Sanctions and Costs Ruling After Finding of Contempt

Legal Issues

  1. 1 What is the appropriate sanction for contempt of court by the first and fifth defendants?
  2. 2 Should costs be awarded and in what proportion among the parties?

Ratio Decidendi

The seriousness and deliberate nature of Mr Vivanco's contempt in failing to provide a digital copy of the 2nd Letter of Wishes, combined with lack of admission or apology and the prejudice caused to the claimant, required an immediate custodial sentence. Mitigation reduced the sentence to four months. No sanction was imposed on VGV (UK) Limited due to its liquidation and lack of assets. Costs were apportioned based on the parties' relative success and conduct.

Court Disposition

Mr Vivanco sentenced to four months' imprisonment for contempt of court; no sanction imposed on VGV (UK) Limited; costs orders made as specified.

Orders

  • Mr Vivanco to serve four months' imprisonment with immediate effect for contempt of court.
  • No penalty imposed on VGV (UK) Limited for contempt.