ABC & Ors v CDE & Ors

ABC & Ors v CDE & Ors

The defendant was in contempt of court for breaching the freezing order by participating in the alienation of property in Riga, and the sentence of 12 months' imprisonment was appropriate but the suspension must be for defined periods and conditional on specific remedial steps, not open-ended or linked to the outcome of the substantive proceedings.

Parties
Appellant: ABC; Appellant: UVW; Appellant: XYZ; Respondent: CDE; Respondent: TCL; Respondent: TCML
Jurisdiction
England and Wales
Judgment Date
26 April 2010
Procedural Posture
Civil Appeal / Appeal From Queen's Bench Division Judgment on Contempt and Sentencing
Outcome
appeal allowed; cross-appeal dismissed
Legal Topics
Freezing Orders, Committal for Contempt, Sentencing for Contempt, Suspension of Sentence
Civil Procedure Contempt of Court Freezing Orders Committal for Contempt Sentencing for Contempt Suspension of Sentence

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Parties

ABC

Appellant

UVW

Appellant

XYZ

Appellant

CDE

Respondent

TCL

Respondent

TCML

Respondent

Procedural Posture

Civil Appeal / Appeal From Queen's Bench Division Judgment on Contempt and Sentencing

Legal Issues

  1. 1 Whether the defendant was in contempt of court for breach of a freezing order
  2. 2 Whether the sentence imposed for contempt was appropriate and properly suspended

Ratio Decidendi

The defendant was in contempt of court for breaching the freezing order by participating in the alienation of property in Riga, and the sentence of 12 months' imprisonment was appropriate but the suspension must be for defined periods and conditional on specific remedial steps, not open-ended or linked to the outcome of the substantive proceedings.

Court Disposition

appeal allowed; cross-appeal dismissed

Orders

  • The sentence of 12 months' imprisonment for contempt is suspended until 14 May 2010 if the first half share of the property is retransferred to the defendant.
  • If the first condition is met, suspension continues until 18 June 2010 if the pledge note is removed from the other half share.