Perotti v Watson & Ors [2001] EWCA Civ 1993 (13 December 2001)

Perotti v Watson & Ors [2001] EWCA Civ 1993 (13 December 2001)

The appellant was in contempt of court for disposing of Ivor Court and making a payment in breach of the freezing order, as the judge was entitled to reject his evidence regarding alleged trusts. The findings of contempt relating to payments made on 19th June 1999 were set aside due to the appellant's assets exceeding the freezing order limit at that time. The appellant received a fair hearing and was not denied justice as a litigant in person.

Citation
[2001] EWCA Civ 1993
Parties
Appellant: Angelo Perotti; Respondent: Kenneth Corbett Watson; Respondent: Penrose Margaret Helen Foss; Respondent: Catherine Hudson
Jurisdiction
England and Wales
Judgment Date
13 December 2001
Procedural Posture
Civil Appeal / Appeal From High Court (chancery Division) to Court of Appeal
Outcome
Appeal dismissed with costs; application for permission to appeal to the House of Lords refused; appeal allowed only to the extent of deleting findings of contempt relating to payments made on 19th June 1999.
Legal Topics
Committal for Contempt, Freezing Orders, Secret Trusts, Costs Orders, Litigant in Person Rights
Civil Procedure Contempt of Court Trusts and Estates Committal for Contempt Freezing Orders Secret Trusts Costs Orders Litigant in Person Rights

Case Brief

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Parties

Angelo Perotti

Appellant

Kenneth Corbett Watson

Respondent

Penrose Margaret Helen Foss

Respondent

Catherine Hudson

Respondent

Procedural Posture

Civil Appeal / Appeal From High Court (chancery Division) to Court of Appeal

Legal Issues

  1. 1 Whether the appellant was in contempt of court for breaching freezing orders
  2. 2 Whether assets were held on trust and thus outside the scope of the freezing order
  3. 3 Whether the appellant received a fair hearing as a litigant in person

Ratio Decidendi

The appellant was in contempt of court for disposing of Ivor Court and making a payment in breach of the freezing order, as the judge was entitled to reject his evidence regarding alleged trusts. The findings of contempt relating to payments made on 19th June 1999 were set aside due to the appellant's assets exceeding the freezing order limit at that time. The appellant received a fair hearing and was not denied justice as a litigant in person.

Court Disposition

Appeal dismissed with costs; application for permission to appeal to the House of Lords refused; appeal allowed only to the extent of deleting findings of contempt relating to payments made on 19th June 1999.

Orders

  • Findings of contempt relating to payments on 19th June 1999 (sub-paragraphs (iii) and (iv) of the order) deleted
  • Appellant to pay respondents' costs of the appeal