ABC & Ors v CDE & Ors [2009] EWHC 2718 (QB) (03 November 2009)

ABC & Ors v CDE & Ors [2009] EWHC 2718 (QB) (03 November 2009)

The Defendant devised a sham loan agreement and actively participated in a scheme to remove the Riga property from the reach of the freezing order, including authorising or permitting forged settlement agreements and court representations in Latvia. The Defendant's conduct amounted to contempt of court as he breached the terms of the freezing order by dealing with the property and authorising others to do so.

Citation
[2009] EWHC 2718
Parties
Claimant: ABC; Claimant: UVW; Claimant: XYZ; Defendant: CDE; Defendant: TCL; Defendant: TCML
Jurisdiction
England and Wales
Judgment Date
03 November 2009
Procedural Posture
Contempt of Court Application / Judgment After Full Hearing
Outcome
Defendant found in contempt of court
Legal Topics
Freezing Orders, Asset Preservation, Committal for Contempt, Foreign Proceedings, Forgery, Powers of Attorney
Civil Procedure Injunctions Contempt of Court Freezing Orders Asset Preservation Committal for Contempt Foreign Proceedings Forgery +1 more

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Parties

ABC

Claimant

UVW

Claimant

XYZ

Claimant

CDE

Defendant

TCL

Defendant

TCML

Defendant

Procedural Posture

Contempt of Court Application / Judgment After Full Hearing

Legal Issues

  1. 1 Whether the Defendant devised a sham loan agreement to evade a freezing order
  2. 2 Whether the Defendant entered into or authorised settlement agreements transferring property in breach of the freezing order
  3. 3 Whether the Defendant authorised or permitted a third party to act on his behalf in foreign proceedings to effect the transfer

Ratio Decidendi

The Defendant devised a sham loan agreement and actively participated in a scheme to remove the Riga property from the reach of the freezing order, including authorising or permitting forged settlement agreements and court representations in Latvia. The Defendant's conduct amounted to contempt of court as he breached the terms of the freezing order by dealing with the property and authorising others to do so.

Court Disposition

Defendant found in contempt of court

Orders

  • Application for committal granted in respect of allegations proved
  • Further directions to be given regarding sentence