Olympic Council of Asia v Novans Jets LLP & Ors [2022] EWHC 2910 (Comm) (16 November 2022)

Olympic Council of Asia v Novans Jets LLP & Ors [2022] EWHC 2910 (Comm) (16 November 2022)

Exceptional circumstances justified alternative service of the contempt application on Mr Gringuz due to the urgency of contempt proceedings, effective notice, war-related delays, and risk of evasion. Retrospective dispensation with personal service of the relevant orders was granted as Mr Gringuz had actual notice and personal service would likely have been ineffective or delayed. Permission was not required for Count 1 of the contempt application but was required and refused for Count 2 due to insufficient prima facie evidence and lack of public interest.

Citation
[2022] EWHC 2910 (Comm)
Parties
Claimant: Olympic Council of Asia; First Defendant: Novans Jets LLP; Second Defendant: Novans Investments Ltd; Third Defendant: Mr July Gringuz
Jurisdiction
England and Wales
Judgment Date
16 November 2022
Procedural Posture
Contempt Application (preliminary Issues) / Interlocutory Judgment on Preliminary Issues
Outcome
Preliminary issues determined in favour of OCA on service and dispensation; permission refused for Count 2 of contempt application against Mr Gringuz.
Legal Topics
Contempt of Court, Service Out of Jurisdiction, Alternative Service, Personal Service Dispensation, Permission for Contempt Proceedings
Civil Procedure Commercial Law Contempt of Court Service Out of Jurisdiction Alternative Service Personal Service Dispensation Permission for Contempt Proceedings

Case Brief

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Parties

Olympic Council of Asia

Claimant

Novans Jets LLP

First Defendant

Novans Investments Ltd

Second Defendant

Mr July Gringuz

Third Defendant

Procedural Posture

Contempt Application (preliminary Issues) / Interlocutory Judgment on Preliminary Issues

Legal Issues

  1. 1 Whether permission to serve contempt application out of jurisdiction was required and appropriate
  2. 2 Whether alternative service of the contempt application on Mr Gringuz was appropriate
  3. 3 Whether there was or should be dispensation with personal service of relevant court orders on Mr Gringuz

Ratio Decidendi

Exceptional circumstances justified alternative service of the contempt application on Mr Gringuz due to the urgency of contempt proceedings, effective notice, war-related delays, and risk of evasion. Retrospective dispensation with personal service of the relevant orders was granted as Mr Gringuz had actual notice and personal service would likely have been ineffective or delayed. Permission was not required for Count 1 of the contempt application but was required and refused for Count 2 due to insufficient prima facie evidence and lack of public interest.

Court Disposition

Preliminary issues determined in favour of OCA on service and dispensation; permission refused for Count 2 of contempt application against Mr Gringuz.

Orders

  • Order for service out of jurisdiction not set aside
  • Order for alternative service of contempt application on Mr Gringuz