Abela & Ors v Baadarani [2015] EWHC 2393 (Ch) (24 July 2015)

Abela & Ors v Baadarani [2015] EWHC 2393 (Ch) (24 July 2015)

Mr Baadarani was found to be in contempt of court for intentional late compliance with disclosure orders regarding certain bank statements and documents, but the contempts mainly related to delay rather than total non-compliance; the seriousness of committal warranted further opportunity for compliance before...

Source-derived case information.

Citation
[2015] EWHC 2393 (Ch)
Parties
Claimant: Albert John Martin Abela; Claimant: Albert J. M. Abela SRL; Claimant: Albert J. M Abela Catering and Interactive Services Limited; Defendant: Ahmad Baadarani
Jurisdiction
England and Wales
Judgment Date
24 July 2015
Procedural Posture
Committal Application (contempt of Court) / Post Judgment Enforcement, Hearing on Committal Application
Outcome
Application for committal adjourned; further directions given for compliance.
Legal Topics
Committal for Contempt, Disclosure Obligations, Enforcement of Costs Orders, CPR 71.8, Suspended Committal Orders
Civil Procedure Contempt of Court Enforcement of Judgments Committal for Contempt Disclosure Obligations Enforcement of Costs Orders CPR 71.8 Suspended Committal Orders

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Parties

Albert John Martin Abela

Claimant

Albert J. M. Abela SRL

Claimant

Albert J. M Abela Catering and Interactive Services Limited

Claimant

Ahmad Baadarani

Defendant

Procedural Posture

Committal Application (contempt of Court) / Post Judgment Enforcement, Hearing on Committal Application

Legal Issues

  1. 1 Whether Mr Baadarani is in contempt of court for failing to comply with disclosure orders relating to his means for enforcement of a costs judgment.
  2. 2 Whether the failures were intentional and warrant a committal order.

Ratio Decidendi

Mr Baadarani was found to be in contempt of court for intentional late compliance with disclosure orders regarding certain bank statements and documents, but the contempts mainly related to delay rather than total non-compliance; the seriousness of committal warranted further opportunity for compliance before imposing a suspended committal order.

Court Disposition

Application for committal adjourned; further directions given for compliance.

Orders

  • Further consideration of the committal application adjourned to a date to be fixed.
  • Mr Baadarani directed to depose to specified matters and provide identified documents by a specified date.