GML International Ltd & Ors, R (On the Application Of) v Harfield

GML International Ltd & Ors, R (On the Application Of) v Harfield

The defendant was properly served with the freezing order, was aware of its terms, and deliberately failed to comply with the requirements to disclose assets and provide an affidavit. There was no partial or attempted compliance, no explanation, and no engagement with the court. The breaches were deliberate, ongoing, and formed part of a pattern of defiance of court orders. The contempt is so serious that only an immediate custodial sentence is appropriate.

Parties
Claimant: GML International Ltd; Claimant: Stefan Paul Pinter; Claimant: Trident Fiduciaries (I.O.M.) Ltd; Defendant: Jonathan Henry Martyn Harfield
Jurisdiction
England and Wales
Judgment Date
15 September 2020
Procedural Posture
Committal Application (contempt of Court) / Judgment on Application for Committal for Contempt
Outcome
Application for committal granted. Defendant found in contempt of court.
Legal Topics
Freezing Injunctions, Asset Disclosure, Committal for Contempt, Enforcement of Court Orders
Civil Procedure Enforcement of Judgments Contempt of Court Freezing Injunctions Asset Disclosure Committal for Contempt Enforcement of Court Orders

Case Brief

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Parties

GML International Ltd

Claimant

Stefan Paul Pinter

Claimant

Trident Fiduciaries (I.O.M.) Ltd

Claimant

Jonathan Henry Martyn Harfield

Defendant

Procedural Posture

Committal Application (contempt of Court) / Judgment on Application for Committal for Contempt

Legal Issues

  1. 1 Whether the defendant is in contempt of court for failing to comply with paragraphs 7(1) and 8 of a freezing order requiring disclosure of assets and provision of affidavit.
  2. 2 Whether the court should proceed in the absence of the defendant.
  3. 3 What sanction is appropriate for the contempt found.

Ratio Decidendi

The defendant was properly served with the freezing order, was aware of its terms, and deliberately failed to comply with the requirements to disclose assets and provide an affidavit. There was no partial or attempted compliance, no explanation, and no engagement with the court. The breaches were deliberate, ongoing, and formed part of a pattern of defiance of court orders. The contempt is so serious that only an immediate custodial sentence is appropriate.

Court Disposition

Application for committal granted. Defendant found in contempt of court.

Orders

  • Defendant Jonathan Henry Martyn Harfield committed to prison for a term of nine months for contempt of court for failing to comply with paragraphs 7(1) and 8 of the freezing order.
  • A warrant for committal to issue accordingly.