Podstreshnyy v Pericles Properties Ltd & Anor

Podstreshnyy v Pericles Properties Ltd & Anor

Ms Sellers deliberately and seriously breached freezing and disclosure orders by failing to disclose assets and spending significant funds, despite clear notice and opportunity to comply. The breaches were aggravated by attempts to frustrate the orders and mislead the court. Mitigating factors, including late disclosure, apology, and her son's welfare, were insufficient to justify suspending the custodial sentence. Immediate imprisonment is required to uphold the authority of the court and deter similar conduct.

Parties
Claimant/applicant: Artem Podstreshnyy; First Defendant: Pericles Properties Limited; Second Defendant/respondent: Olita Sellers
Jurisdiction
England and Wales
Judgment Date
14 February 2019
Procedural Posture
Committal Application (contempt of Court) / Judgment After Hearing of Committal Application
Outcome
Committal for contempt; custodial sentence imposed; costs awarded to claimant
Legal Topics
Freezing Orders, Asset Disclosure, Committal for Contempt, Costs Orders
Civil Procedure Injunctions Contempt of Court Freezing Orders Asset Disclosure Committal for Contempt Costs Orders

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Parties

Artem Podstreshnyy

Claimant/applicant

Pericles Properties Limited

First Defendant

Olita Sellers

Second Defendant/respondent

Procedural Posture

Committal Application (contempt of Court) / Judgment After Hearing of Committal Application

Legal Issues

  1. 1 Whether Ms Sellers breached freezing and disclosure orders
  2. 2 Whether breaches justified committal for contempt
  3. 3 Appropriate sentence for contempt

Ratio Decidendi

Ms Sellers deliberately and seriously breached freezing and disclosure orders by failing to disclose assets and spending significant funds, despite clear notice and opportunity to comply. The breaches were aggravated by attempts to frustrate the orders and mislead the court. Mitigating factors, including late disclosure, apology, and her son's welfare, were insufficient to justify suspending the custodial sentence. Immediate imprisonment is required to uphold the authority of the court and deter similar conduct.

Court Disposition

Committal for contempt; custodial sentence imposed; costs awarded to claimant

Orders

  • Ms Sellers committed to prison for nine months (concurrent sentences on three grounds)
  • No suspension of sentence; immediate custody required