Asia Islamic Trade Finance Fund Ltd v Drum Risk Management Ltd & Ors

Asia Islamic Trade Finance Fund Ltd v Drum Risk Management Ltd & Ors

The defendants were properly served, repeatedly notified of their obligations and the consequences of non-compliance, and deliberately chose not to comply with the disclosure provisions of the Freezing Orders. Their conduct constitutes serious contempt of court, proven to the criminal standard.

Parties
Claimant: Asia Islamic Trade Finance Fund Ltd; Defendant: Drum Risk Management Limited; Defendant: Arex LLP; Defendant: ASD Enerji Madencilik Petrol Ürünleri Sanayi ve Dış Ticaret Anonim Şirketi; Defendant: Atilla Doğan
Jurisdiction
England and Wales
Judgment Date
04 December 2015
Procedural Posture
Committal Application for Contempt of Court / Judgment on Contempt, Adjournment for Sentencing
Outcome
Declarations of contempt made against Arex LLP, ASD Enerji Madencilik Petrol Ürünleri Sanayi ve Dış Ticaret Anonim Şirketi, and Atilla Doğan; sentencing adjourned; bench warrant to be issued for Atilla Doğan's attendance at sentencing.
Legal Topics
Freezing Orders, Contempt of Court, Disclosure Obligations, Asset Tracing, Breach of Contract
Civil Procedure Commercial Law Freezing Orders Contempt of Court Disclosure Obligations Asset Tracing Breach of Contract

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Parties

Asia Islamic Trade Finance Fund Ltd

Claimant

Drum Risk Management Limited

Defendant

Arex LLP

Defendant

ASD Enerji Madencilik Petrol Ürünleri Sanayi ve Dış Ticaret Anonim Şirketi

Defendant

Atilla Doğan

Defendant

Procedural Posture

Committal Application for Contempt of Court / Judgment on Contempt, Adjournment for Sentencing

Legal Issues

  1. 1 Whether Arex LLP, ASD Enerji Madencilik Petrol Ürünleri Sanayi ve Dış Ticaret Anonim Şirketi, and Atilla Doğan are in contempt of court for failing to comply with disclosure provisions in a Freezing Order
  2. 2 Whether the defendants deliberately and wilfully failed to comply with the terms of the Freezing Orders
  3. 3 Whether the court should proceed in the absence of the defendants

Ratio Decidendi

The defendants were properly served, repeatedly notified of their obligations and the consequences of non-compliance, and deliberately chose not to comply with the disclosure provisions of the Freezing Orders. Their conduct constitutes serious contempt of court, proven to the criminal standard.

Court Disposition

Declarations of contempt made against Arex LLP, ASD Enerji Madencilik Petrol Ürünleri Sanayi ve Dış Ticaret Anonim Şirketi, and Atilla Doğan; sentencing adjourned; bench warrant to be issued for Atilla Doğan's attendance at sentencing.

Orders

  • Second, third, and fourth defendants declared in contempt for breaches of paragraphs 11 and 12 of the Freezing Orders.
  • Bench warrant to be issued for Atilla Doğan's attendance at sentencing hearing.