Schwartz v VGV (UK) Ltd & Ors

Schwartz v VGV (UK) Ltd & Ors

Mr Vivanco's deliberate and dishonest breach of court order regarding production of digital copy of the 2nd Letter of Wishes was so serious that only an immediate custodial sentence was appropriate, despite mitigation. Financial penalty for late supply of evidence was not imposed due to impact of imprisonment. Costs awarded proportionally based on success and conduct.

Parties
Claimant: Gabriela Schwartz; First Defendant: VGV (UK) Limited; Second Defendant: Promociones e Inversiones Sudamericanas S. A.; Third Defendant: Peruexpres Sociedad de Responsabilidad Limitada; Fourth Defendant: Holding Grupo TV Cable S. A. Limited; Fifth Defendant: Clemente Jose Vivanco Salvador
Jurisdiction
England and Wales
Judgment Date
25 November 2020
Procedural Posture
Contempt Application / Sanctions and Costs Ruling
Outcome
Mr Vivanco sentenced to 4 months' imprisonment for contempt, with no suspension. VGV UK not penalised due to liquidation. Costs awarded in proportions to claimant against defendants.
Legal Topics
Sanctions for Contempt, Costs Orders, Trustee Removal, Forgery, Jurisdiction, Suspension of Committal Orders
Trusts Civil Procedure Insolvency Contempt of Court Sanctions for Contempt Costs Orders Trustee Removal Forgery +2 more

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Parties

Gabriela Schwartz

Claimant

VGV (UK) Limited

First Defendant

Promociones e Inversiones Sudamericanas S. A.

Second Defendant

Peruexpres Sociedad de Responsabilidad Limitada

Third Defendant

Holding Grupo TV Cable S. A. Limited

Fourth Defendant

Clemente Jose Vivanco Salvador

Fifth Defendant

Procedural Posture

Contempt Application / Sanctions and Costs Ruling

Legal Issues

  1. 1 What sanctions should be imposed for contempt of court?
  2. 2 Should costs be awarded and in what proportions?
  3. 3 Was the breach of court orders deliberate and culpable?

Ratio Decidendi

Mr Vivanco's deliberate and dishonest breach of court order regarding production of digital copy of the 2nd Letter of Wishes was so serious that only an immediate custodial sentence was appropriate, despite mitigation. Financial penalty for late supply of evidence was not imposed due to impact of imprisonment. Costs awarded proportionally based on success and conduct.

Court Disposition

Mr Vivanco sentenced to 4 months' imprisonment for contempt, with no suspension. VGV UK not penalised due to liquidation. Costs awarded in proportions to claimant against defendants.

Orders

  • Mr Vivanco to serve 4 months' imprisonment for contempt, to be served immediately.
  • No further penalty for Mr Vivanco regarding late supply of evidence.