Saleemi v Parvez [2025] EWHC 1341 (Ch) (02 June 2025)
The defendant, as executor, received £138,201 and failed to comply with a court order to pay it; this falls within Exception (3) to s.4 Debtors Act 1869, warranting immediate imprisonment for contempt without suspension or mitigation.
- Citation
- [2025] EWHC 1341 (Ch)
- Parties
- Claimant: Muhammad Waris Saleemi; Defendant: Asif Parvez
- Jurisdiction
- England and Wales
- Judgment Date
- 02 June 2025
- Procedural Posture
- Contempt Proceedings / Sentencing Judgment
- Outcome
- Immediate imprisonment for contempt of court for 12 months, not suspended.
- Legal Topics
- Executor Liability, Fiduciary Duty, Breach of Court Order, Debtors Act Exception, Sentencing for Contempt
Case Brief
Summary, issues, holding and outcome
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Parties
Muhammad Waris Saleemi
Claimant
Asif Parvez
Defendant
Procedural Posture
Contempt Proceedings / Sentencing Judgment
Legal Issues
- 1 Whether the defendant, as executor, is in contempt for failing to comply with a court order to pay trust funds
- 2 Whether the defendant falls within Exception (3) to s.4 of the Debtors Act 1869
- 3 Appropriate sentence for contempt in the context of breach of fiduciary duty
Ratio Decidendi
The defendant, as executor, received £138,201 and failed to comply with a court order to pay it; this falls within Exception (3) to s.4 Debtors Act 1869, warranting immediate imprisonment for contempt without suspension or mitigation.
Court Disposition
Immediate imprisonment for contempt of court for 12 months, not suspended.
Orders
- Defendant sentenced to 12 months' imprisonment for contempt.
- Defendant remains liable to comply with the original court order.
Full Case Text
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