Aerospace Tolling Ltd v Aerospace Technical Ltd [2012] EWHC 1086 (QB) (28 November 2012)

Aerospace Tolling Ltd v Aerospace Technical Ltd [2012] EWHC 1086 (QB) (28 November 2012)

Bankruptcy does not affect the obligation to pay a court-imposed fine for contempt; the contemnor failed to comply with the suspended committal order, and there are no grounds to delay enforcement.

Citation
[2012] EWHC 1086
Parties
Claimant: Aerospace Tolling Ltd; Defendant: Aerospace Technical Ltd
Jurisdiction
England and Wales
Judgment Date
28 November 2012
Procedural Posture
Contempt of Court Application / Enforcement of Committal Order
Outcome
Committal to prison for 28 days, with release after 14 days in accordance with relevant provisions.
Legal Topics
Enforcement of Court Orders, Suspended Committal, Bankruptcy and Fines
Civil Procedure Contempt of Court Enforcement of Court Orders Suspended Committal Bankruptcy and Fines

Case Brief

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Parties

Aerospace Tolling Ltd

Claimant

Aerospace Technical Ltd

Defendant

Procedural Posture

Contempt of Court Application / Enforcement of 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 court-imposed fines

Ratio Decidendi

Bankruptcy does not affect the obligation to pay a court-imposed fine for contempt; the contemnor failed to comply with the suspended committal order, and there are no grounds to delay enforcement.

Court Disposition

Committal to prison for 28 days, with release after 14 days in accordance with relevant provisions.

Orders

  • Warrant to be issued for Mr Paulin's arrest.
  • Mr Paulin to be committed to prison for 28 days, to serve 14 days before possible release.