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

The respondent's bankruptcy does not discharge his liability to pay the fine imposed for contempt, and there is no evidence or justification for further delay. The suspended committal order must be enforced due to non-payment.

Citation: [2012] EWHC 1086 (QB)
Parties: Claimant: Aerospace Tolling Ltd; Defendant: Aerospace Technical Ltd
Jurisdiction: England and Wales
Judgment Date: 28 November 2012
Procedural Posture: Committal Application for Contempt of Court / Enforcement of Suspended Committal Order
Outcome: Committal order enforced; respondent to be committed to prison for 28 days (to serve 14 days) due to non-payment of fine.
Legal Topics: Enforcement of Court Orders, Suspended Committal, Bankruptcy and Contempt, Payment of Fines

Civil Procedure Contempt of Court Enforcement of Court Orders Suspended Committal Bankruptcy and Contempt Payment of Fines

Case Brief

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Parties

Aerospace Tolling Ltd

Claimant

Aerospace Technical Ltd

Defendant

Procedural Posture

Committal Application for Contempt of Court / Enforcement of Suspended Committal Order

Legal Issues

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

Ratio Decidendi

Court Disposition

Committal order enforced; respondent to be committed to prison for 28 days (to serve 14 days) due to non-payment of fine.

Orders

Warrant to be issued for arrest of Mr Paulin to serve committal sentence.
Respondent to be committed to prison for 28 days, eligible for release after 14 days.