Wang v Darby [2024] EWHC 2261 (Comm) (24 July 2024)

Wang v Darby [2024] EWHC 2261 (Comm) (24 July 2024)

The defendant deliberately breached the court's freezing order by failing to disclose substantial cryptocurrency assets and made a knowingly false statement in a witness statement, constituting serious contempts requiring immediate custodial sentences to punish and deter such conduct and to encourage compliance with court orders.

Citation
[2024] EWHC 2261 (Comm)
Parties
Claimant: Zi Wang; Defendant: Graham Darby
Jurisdiction
England and Wales
Judgment Date
24 July 2024
Procedural Posture
Committal Application (contempt of Court) / Sentencing Judgment After Finding of Contempt
Outcome
Defendant sentenced to immediate custody for contempt of court.
Legal Topics
Freezing Injunctions, Asset Disclosure, Contempt of Court, Cryptocurrency, False Statements
Civil Procedure Commercial Law Freezing Injunctions Asset Disclosure Contempt of Court Cryptocurrency False Statements

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Parties

Zi Wang

Claimant

Graham Darby

Defendant

Procedural Posture

Committal Application (contempt of Court) / Sentencing Judgment After Finding of Contempt

Legal Issues

  1. 1 Whether the defendant breached the asset disclosure obligations under a freezing injunction
  2. 2 Whether the defendant made a false statement in a witness statement verified by a statement of truth
  3. 3 Appropriate sentence for contempt of court in the context of breach of freezing orders and false statements

Ratio Decidendi

The defendant deliberately breached the court's freezing order by failing to disclose substantial cryptocurrency assets and made a knowingly false statement in a witness statement, constituting serious contempts requiring immediate custodial sentences to punish and deter such conduct and to encourage compliance with court orders.

Court Disposition

Defendant sentenced to immediate custody for contempt of court.

Orders

  • 18 months' imprisonment for breach of asset disclosure (ground one)
  • 18 months' imprisonment concurrent for breach of witness statement obligation (ground two)