Michael Wilson & Partners Ltd v Sokol Holdings Incorporated & Ors [2019] EWHC 3519 (Comm) (23 October 2019)

Michael Wilson & Partners Ltd v Sokol Holdings Incorporated & Ors [2019] EWHC 3519 (Comm) (23 October 2019)

The court requires further information to reliably determine whether MWP breached the Freezing Order; specifically, documentation evidencing the source of funds used for payments and an audit opinion on financial statements. Without this, no finding of contempt can be made at this stage.

Citation
[2019] EWHC 3519 (Comm)
Parties
Claimant: Michael Wilson & Partners Limited; Defendants: Sokol Holdings Incorporated & Others
Jurisdiction
England and Wales
Judgment Date
23 October 2019
Procedural Posture
Contempt of Court Application Within Ongoing Commercial Litigation / Interlocutory Hearing; Application Stood Over Pending Further Evidence
Outcome
Application stood over; no orders made at this stage.
Legal Topics
Freezing Orders, Contempt of Court, Asset Disclosure, Enforcement of Judgments
Commercial Law Civil Procedure Freezing Orders Contempt of Court Asset Disclosure Enforcement of Judgments

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Parties

Michael Wilson & Partners Limited

Claimant

Sokol Holdings Incorporated & Others

Defendants

Procedural Posture

Contempt of Court Application Within Ongoing Commercial Litigation / Interlocutory Hearing; Application Stood Over Pending Further Evidence

Legal Issues

  1. 1 Whether Michael Wilson & Partners Limited breached the terms of the Freezing Order by making payments or incurring liabilities without proper notification
  2. 2 Whether payments for legal advice and representation fell within the scope of permitted exceptions under the Freezing Order
  3. 3 Whether MWP's assets exceeded the frozen threshold, allowing use of assets not caught by the order

Ratio Decidendi

The court requires further information to reliably determine whether MWP breached the Freezing Order; specifically, documentation evidencing the source of funds used for payments and an audit opinion on financial statements. Without this, no finding of contempt can be made at this stage.

Court Disposition

Application stood over; no orders made at this stage.

Orders

  • MWP by Mr Wilson to produce documentation evidencing source of funds used for payments and liabilities.
  • MWP to provide audit opinion from Ernst & Young LLP on 2015 financial statements.