JSC BTA Bank v Stepanov [2010] EWHC 794 (Ch) (31 March 2010)

JSC BTA Bank v Stepanov [2010] EWHC 794 (Ch) (31 March 2010)

The defendant was in deliberate and continuing breach of clear court orders for disclosure, with no attempt to comply or excuse his conduct. The court, applying the criminal standard of proof, found contempt proved and, given the seriousness and wilfulness of the breach, imposed a two-year sentence of imprisonment, with provision for variation or discharge if the contempt is purged.

Citation
[2010] EWHC 794 (Ch)
Parties
Claimant: JSC BTA Bank; Defendant: Alexander Yu Stepanov
Jurisdiction
England and Wales
Judgment Date
31 March 2010
Procedural Posture
Committal Application for Contempt of Court / Judgment on Application for Committal
Outcome
Defendant found in contempt of court; sentenced to two years' imprisonment.
Legal Topics
Committal for Contempt, Non Compliance With Court Orders, Disclosure Obligations, Freezing Injunctions
Civil Procedure Contempt of Court Committal for Contempt Non Compliance With Court Orders Disclosure Obligations Freezing Injunctions

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Parties

JSC BTA Bank

Claimant

Alexander Yu Stepanov

Defendant

Procedural Posture

Committal Application for Contempt of Court / Judgment on Application for Committal

Legal Issues

  1. 1 Whether the defendant is in contempt of court for failing to comply with disclosure obligations imposed by injunction orders
  2. 2 Whether the court should proceed in the absence of the defendant at the committal hearing
  3. 3 Appropriate penalty for contempt of court

Ratio Decidendi

The defendant was in deliberate and continuing breach of clear court orders for disclosure, with no attempt to comply or excuse his conduct. The court, applying the criminal standard of proof, found contempt proved and, given the seriousness and wilfulness of the breach, imposed a two-year sentence of imprisonment, with provision for variation or discharge if the contempt is purged.

Court Disposition

Defendant found in contempt of court; sentenced to two years' imprisonment.

Orders

  • Defendant committed to prison for two years for contempt of court, with provision to apply for variation or discharge if contempt is purged.
  • Claimant's solicitor to serve the order, hearing note, judgment, and skeleton argument on the defendant.