Yuzu Hair And Beauty Ltd & Anor v Thiraviam [2020] EWHC 1539 (Ch) (03 June 2020)

Yuzu Hair And Beauty Ltd & Anor v Thiraviam [2020] EWHC 1539 (Ch) (03 June 2020)

The defendant's persistent and flagrant non-compliance with the asset disclosure requirements of a freezing order, without credible excuse or engagement with the proceedings, constitutes a very serious contempt of court warranting a substantial custodial sentence, suspended for a short period to allow compliance.

Citation
[2020] EWHC 1539 (Ch)
Parties
Claimant: Yuzu Hair and Beauty Limited; Claimant: Yukiko Dennis; Defendant: Akilan Selvathiraviam
Jurisdiction
England and Wales
Judgment Date
03 June 2020
Procedural Posture
Committal Application (contempt of Court) / Sanction/sentencing After Finding of Contempt
Outcome
Defendant sentenced to 18 months' imprisonment for contempt, execution suspended for 21 days to allow compliance.
Legal Topics
Freezing Orders, Asset Disclosure, Committal for Contempt, Sanctions for Breach of Court Order
Civil Procedure Injunctions Contempt of Court Freezing Orders Asset Disclosure Committal for Contempt Sanctions for Breach of Court Order

Case Brief

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Parties

Yuzu Hair and Beauty Limited

Claimant

Yukiko Dennis

Claimant

Akilan Selvathiraviam

Defendant

Procedural Posture

Committal Application (contempt of Court) / Sanction/sentencing After Finding of Contempt

Legal Issues

  1. 1 Whether the defendant breached the asset disclosure requirements of a freezing order
  2. 2 Whether the defendant's applications for adjournment were credible
  3. 3 What sanction is appropriate for contempt of court

Ratio Decidendi

The defendant's persistent and flagrant non-compliance with the asset disclosure requirements of a freezing order, without credible excuse or engagement with the proceedings, constitutes a very serious contempt of court warranting a substantial custodial sentence, suspended for a short period to allow compliance.

Court Disposition

Defendant sentenced to 18 months' imprisonment for contempt, execution suspended for 21 days to allow compliance.

Orders

  • Defendant sentenced to 18 months' imprisonment for contempt of court.
  • Execution of sentence suspended for 21 days.