Schwartz v VGV (UK) Ltd & Ors

Schwartz v VGV (UK) Ltd & Ors

VGV (UK) Limited was found in contempt for failing to provide a witness statement (rather than a letter) disclosing trust assets and for failing to comply with disclosure and inspection orders. Mr Vivanco was found in contempt for failing to comply with the order to provide an electronic copy of the 2nd Letter of Wishes, which the court found was created after Mr Schwartz's death and was not genuine. Other allegations, including that Mr Vivanco controlled VGV UK or that Ms Meade did not exist, were not proved to the criminal standard.

Parties
Claimant: Gabriela Schwartz; 1st Defendant: VGV (UK) Limited; 2nd Defendant: Promociones e Inversiones Sudamericanas S.A.; 3rd Defendant: PeruExpres Sociedad de Responsibilidad Limitada; 4th Defendant: Holding Grupo TV Cable S.A. Limited; 5th Defendant: Clemente Jose Vivanco Salvador
Jurisdiction
England and Wales
Judgment Date
14 August 2020
Procedural Posture
Contempt Application (committal Proceedings) / Judgment on Liability for Contempt, Sentencing Adjourned
Outcome
VGV (UK) Limited and Mr Vivanco found in contempt of court on specified grounds; sentencing adjourned.
Legal Topics
Contempt of Court, Trust Administration, Jurisdiction and Enforcement of Foreign Judgments, Forgery and Authenticity of Documents
Trusts and Equity Civil Procedure Private International Law Contempt of Court Trust Administration Jurisdiction and Enforcement of Foreign Judgments Forgery and Authenticity of Documents

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Parties

Gabriela Schwartz

Claimant

VGV (UK) Limited

1st Defendant

Promociones e Inversiones Sudamericanas S.A.

2nd Defendant

PeruExpres Sociedad de Responsibilidad Limitada

3rd Defendant

Holding Grupo TV Cable S.A. Limited

4th Defendant

Clemente Jose Vivanco Salvador

5th Defendant

Procedural Posture

Contempt Application (committal Proceedings) / Judgment on Liability for Contempt, Sentencing Adjourned

Legal Issues

  1. 1 Whether VGV (UK) Limited and Mr Vivanco were in contempt of court for breaches of court orders relating to disclosure and preservation of trust assets and documents.
  2. 2 Whether Mr Vivanco exercised de facto control over VGV (UK) Limited such that he is liable for its breaches.
  3. 3 Whether the 2nd Letter of Wishes and Deed of Amendment were forgeries/backdated.

Ratio Decidendi

VGV (UK) Limited was found in contempt for failing to provide a witness statement (rather than a letter) disclosing trust assets and for failing to comply with disclosure and inspection orders. Mr Vivanco was found in contempt for failing to comply with the order to provide an electronic copy of the 2nd Letter of Wishes, which the court found was created after Mr Schwartz's death and was not genuine. Other allegations, including that Mr Vivanco controlled VGV UK or that Ms Meade did not exist, were not proved to the criminal standard.

Court Disposition

VGV (UK) Limited and Mr Vivanco found in contempt of court on specified grounds; sentencing adjourned.

Orders

  • Ms Schwartz’s solicitors to liaise with Mr Colbey to fix a hearing to determine sentence at the first available date next term.
  • Other allegations of contempt against Mr Vivanco dismissed.