Crystal Mews Ltd v Metterick & Ors

Crystal Mews Ltd v Metterick & Ors

Both Mr and Mrs Metterick deliberately breached freezing orders with knowledge of their existence, intending to undermine the orders. Mr Metterick is sentenced to eight weeks' imprisonment for serious contumacious flouting of court orders. Mrs Metterick is also sentenced to eight weeks, but suspended, due to her acting on instructions, her character, health effects, and offers of repayment.

Parties
Claimant: Crystal Mews Limited; First Defendant: Mr Metterick; Fourth Defendant: Mrs Metterick
Jurisdiction
England and Wales
Judgment Date
13 November 2006
Procedural Posture
Contempt of Court (civil) / Judgment on Penalty for Contempt
Outcome
Mr Metterick committed to prison for eight weeks; Mrs Metterick committed for eight weeks, sentence suspended on conditions.
Legal Topics
Freezing Orders, Breach of Court Orders, Committal for Contempt
Civil Procedure Insolvency Contempt of Court Freezing Orders Breach of Court Orders Committal for Contempt

Case Brief

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Parties

Crystal Mews Limited

Claimant

Mr Metterick

First Defendant

Mrs Metterick

Fourth Defendant

Procedural Posture

Contempt of Court (civil) / Judgment on Penalty for Contempt

Legal Issues

  1. 1 What is the appropriate penalty for admitted and found breaches of freezing orders by Mr and Mrs Metterick?
  2. 2 Are there mitigating factors affecting the sentence for contempt of court?

Ratio Decidendi

Both Mr and Mrs Metterick deliberately breached freezing orders with knowledge of their existence, intending to undermine the orders. Mr Metterick is sentenced to eight weeks' imprisonment for serious contumacious flouting of court orders. Mrs Metterick is also sentenced to eight weeks, but suspended, due to her acting on instructions, her character, health effects, and offers of repayment.

Court Disposition

Mr Metterick committed to prison for eight weeks; Mrs Metterick committed for eight weeks, sentence suspended on conditions.

Orders

  • Mr Metterick to serve eight weeks' imprisonment.
  • Mrs Metterick to serve eight weeks' imprisonment, suspended on terms to be determined, including repayment of £5,000 and monthly payments of £400 into the frozen account.