Ahmad v Ouajjou & Anor [2024] EWCA Civ 1480 (04 December 2024)

Ahmad v Ouajjou & Anor [2024] EWCA Civ 1480 (04 December 2024)

Deliberate and substantial breaches of freezing orders are inherently serious and warrant immediate custodial sentences; mitigation factors including admissions, cooperation, impact on children, and prison overcrowding were considered but did not justify suspension or reduction beyond the judge's adjustments; the sentences imposed were not excessive and were relatively lenient for this type of contempt.

Citation
[2024] EWCA Civ 1480
Parties
Respondent/claimant: Shahraab Ahmad; Appellant/defendant: Karim Ouajjou; Appellant/defendant: Yasmin Al Sahoud Perez
Jurisdiction
England and Wales
Judgment Date
04 December 2024
Procedural Posture
Appeal (civil) / Appeal Against Committal Orders for Contempt of Court (sentencing Only)
Outcome
Appeal dismissed save for quashing the three-month sentence for Ms Perez for overspend contempt.
Legal Topics
Freezing Orders, Committal for Contempt, Sentencing, Mitigation, Suspension of Custodial Sentences
Civil Procedure Commercial Law Contempt of Court Freezing Orders Committal for Contempt Sentencing Mitigation Suspension of Custodial Sentences

Case Brief

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Parties

Shahraab Ahmad

Respondent/claimant

Karim Ouajjou

Appellant/defendant

Yasmin Al Sahoud Perez

Appellant/defendant

Procedural Posture

Appeal (civil) / Appeal Against Committal Orders for Contempt of Court (sentencing Only)

Legal Issues

  1. 1 Whether sentences for contempt of court for breach of freezing orders should be suspended or reduced
  2. 2 Whether the sentences imposed were excessive or disproportionate
  3. 3 Whether sufficient weight was given to mitigation factors including admissions, cooperation, impact on children, and prison overcrowding

Ratio Decidendi

Deliberate and substantial breaches of freezing orders are inherently serious and warrant immediate custodial sentences; mitigation factors including admissions, cooperation, impact on children, and prison overcrowding were considered but did not justify suspension or reduction beyond the judge's adjustments; the sentences imposed were not excessive and were relatively lenient for this type of contempt.

Court Disposition

Appeal dismissed save for quashing the three-month sentence for Ms Perez for overspend contempt.

Orders

  • Sentence of three months' imprisonment for Ms Perez for overspend quashed; no separate penalty imposed for this contempt.
  • All other sentences and orders affirmed; appeal otherwise dismissed.