Discovery Land Company, LLC & Ors v Jirehouse (A Body Corporate) & Ors [2019] EWHC 2249 (Ch) (16 August 2019)

Discovery Land Company, LLC & Ors v Jirehouse (A Body Corporate) & Ors [2019] EWHC 2249 (Ch) (16 August 2019)

Mr Jones is in contempt of court because he knowingly and deliberately breached undertakings and disclosure obligations given to the court, having knowledge of the facts that made compliance impossible at the time the undertakings were given, and failed to provide full and verified disclosure as required. The...

Source-derived case information.

Citation
[2019] EWHC 2249 (Ch)
Parties
Claimant: Discovery Land Company, LLC; Claimant: Taymouth Castle DLC, LLC; Claimant: River Tay Castle LLP; Defendant: Jirehouse; Defendant: Jirehouse Partners LLP; Defendant: Jirehouse Trustees Limited; Defendant: Jirehouse Secretaries Limited; Defendant: Esquiline Asset Managers Limited; Defendant: Esquiline Finance Limited; Defendant: Stephen Jones; Defendant: John Clark
Jurisdiction
England and Wales
Judgment Date
16 August 2019
Procedural Posture
Contempt of Court Application / Judgment on Committal Application
Outcome
Mr Stephen Jones found in contempt of court for breaches of undertakings and disclosure obligations.
Legal Topics
Contempt of Court, Freezing Orders, Disclosure Obligations, Breach of Undertakings, Fiduciary Duties
Civil Procedure Equity and Trusts Property Law Contempt of Court Freezing Orders Disclosure Obligations Breach of Undertakings Fiduciary Duties

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Parties

Discovery Land Company, LLC

Claimant

Taymouth Castle DLC, LLC

Claimant

River Tay Castle LLP

Claimant

Jirehouse

Defendant

Jirehouse Partners LLP

Defendant

Jirehouse Trustees Limited

Defendant

Jirehouse Secretaries Limited

Defendant

Esquiline Asset Managers Limited

Defendant

Esquiline Finance Limited

Defendant

Stephen Jones

Defendant

John Clark

Defendant

Procedural Posture

Contempt of Court Application / Judgment on Committal Application

Legal Issues

  1. 1 Whether Mr Stephen Jones is in contempt of court for breach of undertakings and disclosure obligations under court orders of 15 and 18 March 2019.
  2. 2 Whether the breaches were deliberate and with knowledge of the relevant facts.
  3. 3 Whether the Debtors Act 1869 precludes committal for non-payment in these circumstances.

Ratio Decidendi

Mr Jones is in contempt of court because he knowingly and deliberately breached undertakings and disclosure obligations given to the court, having knowledge of the facts that made compliance impossible at the time the undertakings were given, and failed to provide full and verified disclosure as required. The Debtors Act 1869 does not preclude committal in these circumstances.

Court Disposition

Mr Stephen Jones found in contempt of court for breaches of undertakings and disclosure obligations.

Orders

  • Declaration of contempt against Mr Stephen Jones for breaches of undertakings and disclosure obligations under the orders of 15 and 18 March 2019.
  • Directions for further hearing on sanction and any application to purge contempt.