JSC BTA Bank v Stepanov

JSC BTA Bank v Stepanov

The defendant was in deliberate and flagrant breach of court orders for disclosure, with no attempt to comply or excuse his conduct. The evidence proved contempt to the criminal standard. Exceptional circumstances justified proceeding in his absence, and a two-year sentence of imprisonment is appropriate given the seriousness and ongoing nature of the contempt.

Parties
Claimant: JSC BTA Bank; Defendant: Alexander Yu Stepanov
Jurisdiction
England and Wales
Judgment Date
31 March 2010
Procedural Posture
Contempt Application (civil/commercial) / Judgment on Committal for Contempt
Outcome
Defendant found in contempt of court; sentenced to two years' imprisonment.
Legal Topics
Contempt of Court, Freezing Injunctions, Disclosure Obligations, Enforcement of Judgments
Civil Procedure Banking and Finance Insolvency Contempt of Court Freezing Injunctions Disclosure Obligations Enforcement of Judgments

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Parties

JSC BTA Bank

Claimant

Alexander Yu Stepanov

Defendant

Procedural Posture

Contempt Application (civil/commercial) / Judgment on Committal for Contempt

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 with the committal application in the absence of the defendant

Ratio Decidendi

The defendant was in deliberate and flagrant breach of court orders for disclosure, with no attempt to comply or excuse his conduct. The evidence proved contempt to the criminal standard. Exceptional circumstances justified proceeding in his absence, and a two-year sentence of imprisonment is appropriate given the seriousness and ongoing nature of the contempt.

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 liberty to apply to vary or discharge the order if the contempt is purged.
  • Claimant's solicitor to serve a note of the hearing, including the judgment and counsel's skeleton argument, with the order.