ABC & Ors v CDE & Ors

ABC & Ors v CDE & Ors

The Defendant devised a sham loan agreement and actively participated in proceedings to transfer the Riga property in breach of the Freezing Order. He authorised or permitted third parties to sign settlement agreements and apply for transfer of the property. The absence of a proper penal notice did not prejudice the Defendant, who was aware of the consequences. The Defendant is found in contempt of court.

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 Application (civil) / Judgment After Hearing of Contempt Application
Outcome
Defendant found in contempt of court. Penalty to be determined after submissions.
Legal Topics
Freezing Orders, Committal for Contempt, Asset Preservation, Penal Notice Requirements
Civil Procedure Injunctions Contempt of Court Freezing Orders Committal for Contempt Asset Preservation Penal Notice Requirements

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Parties

ABC

Claimant

UVW

Claimant

XYZ

Claimant

CDE

Defendant

TCL

Defendant

TCML

Defendant

Procedural Posture

Contempt Application (civil) / Judgment After Hearing of Contempt Application

Legal Issues

  1. 1 Whether the Defendant acted in contempt of court by breaching the terms of a Freezing Order
  2. 2 Whether the Defendant devised a sham loan agreement to remove assets from the reach of the court
  3. 3 Whether the absence of a proper penal notice precludes committal for contempt

Ratio Decidendi

The Defendant devised a sham loan agreement and actively participated in proceedings to transfer the Riga property in breach of the Freezing Order. He authorised or permitted third parties to sign settlement agreements and apply for transfer of the property. The absence of a proper penal notice did not prejudice the Defendant, who was aware of the consequences. The Defendant is found in contempt of court.

Court Disposition

Defendant found in contempt of court. Penalty to be determined after submissions.