Corbiere Ltd & Ors v Xu

Corbiere Ltd & Ors v Xu

A further prison sentence of 13 months is appropriate for contempt, with one month punitive and twelve months coercive, given prior criminal punishment, continuing failure to comply, and remaining incentive for compliance.

Parties
Claimant: Corbiere Limited; Claimant: Trenchant Limited; Claimant: Trenchant Employee Services Limited; Defendant: Ke Xu
Jurisdiction
England and Wales
Judgment Date
27 June 2018
Procedural Posture
Contempt Proceedings / Sentencing After Finding of Contempt
Outcome
Prison sentence imposed for contempt of court.
Legal Topics
Contempt of Court, Disclosure Orders, Sanctions for Breach of Court Orders, Serious Crime Prevention Order
Civil Procedure Criminal Law Contempt of Court Disclosure Orders Sanctions for Breach of Court Orders Serious Crime Prevention Order

Case Brief

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Parties

Corbiere Limited

Claimant

Trenchant Limited

Claimant

Trenchant Employee Services Limited

Claimant

Ke Xu

Defendant

Procedural Posture

Contempt Proceedings / Sentencing After Finding of Contempt

Legal Issues

  1. 1 Whether a further prison sentence should be imposed for contempt after prior criminal punishment for same conduct
  2. 2 Appropriate length and nature of sentence for continuing failure to disclose confidential information
  3. 3 Whether punitive and coercive elements justify further imprisonment

Ratio Decidendi

A further prison sentence of 13 months is appropriate for contempt, with one month punitive and twelve months coercive, given prior criminal punishment, continuing failure to comply, and remaining incentive for compliance.

Court Disposition

Prison sentence imposed for contempt of court.

Orders

  • Defendant sentenced to 13 months imprisonment for contempt, with one month punitive and twelve months coercive.
  • Sentence imposed in relation to each of seven grounds of contempt, to run concurrently.