Aerospace Tolling Ltd v Aerospace Technical Ltd

Aerospace Tolling Ltd v Aerospace Technical Ltd

The respondent failed to pay the fine as ordered, and bankruptcy does not discharge the obligation to pay a court-imposed fine for contempt. There is no sufficient reason to adjourn or delay enforcement; the committal order must be brought into effect.

Parties
Claimant: Aerospace Tolling Ltd; Defendant: Aerospace Technical Ltd
Jurisdiction
England and Wales
Judgment Date
28 November 2012
Procedural Posture
Committal Application (contempt of Court) / Enforcement of Suspended Committal Order
Outcome
Committal order enforced; respondent to be committed to prison.
Legal Topics
Committal for Contempt, Suspended Sentence Enforcement, Bankruptcy and Fines
Civil Procedure Contempt of Court Committal for Contempt Suspended Sentence Enforcement Bankruptcy and Fines

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Aerospace Tolling Ltd

Claimant

Aerospace Technical Ltd

Defendant

Procedural Posture

Committal Application (contempt of Court) / Enforcement of Suspended Committal Order

Legal Issues

  1. 1 Whether the suspended committal order should be enforced due to non-payment of fine
  2. 2 Effect of bankruptcy on liability to pay court-imposed fine for contempt

Ratio Decidendi

The respondent failed to pay the fine as ordered, and bankruptcy does not discharge the obligation to pay a court-imposed fine for contempt. There is no sufficient reason to adjourn or delay enforcement; the committal order must be brought into effect.

Court Disposition

Committal order enforced; respondent to be committed to prison.

Orders

  • Warrant to be issued for respondent's arrest and committal to prison for 28 days, with eligibility for release after 14 days.