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 the Riga proceedings to transfer the property in breach of the Freezing Order, including authorising or permitting third parties to sign settlement agreements and represent him in court. The Defendant's evidence was found unreliable, and the court was sure beyond reasonable doubt that the Defendant was in contempt of court.

Citation
[2009] EWHC 2718 (QB)
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, Forgery, Foreign Proceedings
Civil Procedure Injunctions Contempt of Court Freezing Orders Asset Preservation Committal for Contempt Forgery Foreign Proceedings

Case Brief

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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 breached the terms of a Freezing Order by dealing with or permitting the transfer of property subject to the order
  2. 2 Whether the Defendant devised a sham loan agreement to facilitate the removal of assets from the reach of the court
  3. 3 Whether the Defendant authorised or permitted third parties to act in breach of the order, including the signing of settlement agreements and representation in foreign court proceedings

Ratio Decidendi

The Defendant devised a sham loan agreement and actively participated in the Riga proceedings to transfer the property in breach of the Freezing Order, including authorising or permitting third parties to sign settlement agreements and represent him in court. The Defendant's evidence was found unreliable, and the court was sure beyond reasonable doubt that the Defendant was in contempt of court.

Court Disposition

Defendant found in contempt of court

Orders

  • Application for committal granted
  • Further directions to be given regarding penalty