ADM International SARL v Grain House International SA & Ors (Re Contempt of Court) [2023] EWHC 135 (Comm) (26 January 2023)

ADM International SARL v Grain House International SA & Ors (Re Contempt of Court) [2023] EWHC 135 (Comm) (26 January 2023)

The court found GHI and the Second Defendant (Elhachmi Boutgueray) in deliberate contempt of court for failing to disclose asset encumbrances and breaching the worldwide freezing order, with breaches not purged. Technical breaches regarding redacted documents and missing statements were found but considered purged. The Third Defendant was not found in contempt due to insufficient evidence of knowledge or responsibility. The court declined to grant an anti-suit injunction as no foreign proceedings were on foot or imminent.

Citation
[2023] EWHC 135 (Comm)
Parties
Claimant: ADM International SARL; First Defendant: Grain House International S.A. (formerly Compagnie Agricole de Commercialisation et de Conditionnement des Cereales et Legumineuses S.A.); Second Defendant: Elhachmi Boutgueray; Third Defendant: Brahim Boutgueray
Jurisdiction
England and Wales
Judgment Date
26 January 2023
Procedural Posture
Contempt of Court Application (committal Proceedings) in Enforcement of Arbitral Award / Judgment on Committal Application and Sentencing
Outcome
Committal order and fine; anti-suit injunction refused
Legal Topics
Contempt of Court, Enforcement of Arbitral Awards, Asset Disclosure, Freezing Orders, Anti Suit Injunctions
Commercial Law Arbitration Civil Procedure Contempt of Court Enforcement of Arbitral Awards Asset Disclosure Freezing Orders Anti Suit Injunctions

Case Brief

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Parties

ADM International SARL

Claimant

Grain House International S.A. (formerly Compagnie Agricole de Commercialisation et de Conditionnement des Cereales et Legumineuses S.A.)

First Defendant

Elhachmi Boutgueray

Second Defendant

Brahim Boutgueray

Third Defendant

Procedural Posture

Contempt of Court Application (committal Proceedings) in Enforcement of Arbitral Award / Judgment on Committal Application and Sentencing

Legal Issues

  1. 1 Whether the Defendants were in contempt of court for breaches of asset disclosure and freezing orders
  2. 2 Whether breaches were deliberate or technical
  3. 3 Whether personal service requirements were satisfied for committal

Ratio Decidendi

The court found GHI and the Second Defendant (Elhachmi Boutgueray) in deliberate contempt of court for failing to disclose asset encumbrances and breaching the worldwide freezing order, with breaches not purged. Technical breaches regarding redacted documents and missing statements were found but considered purged. The Third Defendant was not found in contempt due to insufficient evidence of knowledge or responsibility. The court declined to grant an anti-suit injunction as no foreign proceedings were on foot or imminent.

Court Disposition

Committal order and fine; anti-suit injunction refused

Orders

  • Second Defendant (Elhachmi Boutgueray) sentenced to 12 months' imprisonment for breach of asset disclosure order (Ground 3), concurrent 6 months for breach of freezing order (Ground 4), no separate penalty for technical breaches (Grounds 1-2)
  • First Defendant (GHI) fined £75,000 and ordered to pay costs