Asia Islamic Trade Finance Fund Ltd v Drum Risk Management Ltd & Ors [2015] EWHC 3748 (Comm) (17 December 2015)

Asia Islamic Trade Finance Fund Ltd v Drum Risk Management Ltd & Ors [2015] EWHC 3748 (Comm) (17 December 2015)

Mr. Dogan's deliberate and serious failure to comply with the disclosure provisions of a freezing order, despite clear knowledge and legal advice, constitutes a grave contempt warranting a significant custodial sentence to punish past breaches and coerce future compliance.

Citation
[2015] EWHC 3748 (Comm)
Parties
Claimant: Asia Islamic Trade Finance Fund Ltd; Defendant: Drum Risk Management Limited; Defendant: Arex LLP; Defendant: ASD Enerji Madencilik Petrol Ürünleri Sanayi ve Dis Ticaret Anonim Sirketi; Defendant: Atilla Dogan
Jurisdiction
England and Wales
Judgment Date
17 December 2015
Procedural Posture
Contempt Proceedings in Commercial Litigation / Sentencing Following Finding of Contempt
Outcome
Mr. Dogan sentenced to 18 months' imprisonment for contempt of court.
Legal Topics
Freezing Orders, Asset Disclosure, Sanctions for Contempt, Enforcement of Court Orders
Commercial Law Civil Procedure Contempt of Court Freezing Orders Asset Disclosure Sanctions for Contempt Enforcement of Court Orders

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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 Dis Ticaret Anonim Sirketi

Defendant

Atilla Dogan

Defendant

Procedural Posture

Contempt Proceedings in Commercial Litigation / Sentencing Following Finding of Contempt

Legal Issues

  1. 1 Whether the defendants, in particular Mr. Dogan, have complied with the disclosure provisions of a freezing order
  2. 2 Appropriate penalty for deliberate and serious contempt of court

Ratio Decidendi

Mr. Dogan's deliberate and serious failure to comply with the disclosure provisions of a freezing order, despite clear knowledge and legal advice, constitutes a grave contempt warranting a significant custodial sentence to punish past breaches and coerce future compliance.

Court Disposition

Mr. Dogan sentenced to 18 months' imprisonment for contempt of court.

Orders

  • Mr. Dogan sentenced to 18 months' imprisonment.
  • Liberty to apply to vary or remit the sentence if contempt is purged, with any application to be served on the claimant's solicitors together with supporting evidence.