Simmonds v Pearce

Simmonds v Pearce

The respondent intentionally breached statutory obligations to cooperate with the trustee and provide truthful information about his financial affairs, including the fate of inheritance money, and took deliberate steps to conceal assets and mislead the trustee and the court. These actions constitute criminal...

Source-derived case information.

Parties
Applicant: Mr Nicholas Simmonds; Respondent: Mr Albert James Pearce
Jurisdiction
England and Wales
Judgment Date
01 December 2017
Procedural Posture
Application for Committal for Contempt of Court / Judgment on Liability and Procedural Issues
Outcome
Application for committal for contempt of court granted as to breaches of sections 333 and 363; breach of section 312 not proved.
Legal Topics
Bankruptcy Trustee Powers, Non Cooperation by Bankrupt, Statutory Contempt, Procedural Requirements for Committal, Disclosure Obligations
Insolvency Contempt of Court Civil Procedure Bankruptcy Trustee Powers Non Cooperation by Bankrupt Statutory Contempt Procedural Requirements for Committal Disclosure Obligations

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Parties

Mr Nicholas Simmonds

Applicant

Mr Albert James Pearce

Respondent

Procedural Posture

Application for Committal for Contempt of Court / Judgment on Liability and Procedural Issues

Legal Issues

  1. 1 Whether the respondent breached statutory obligations under sections 333 and 363 of the Insolvency Act 1986 amounting to contempt of court
  2. 2 Whether the correct procedure was used for the committal application under CPR 81.15
  3. 3 Admissibility of answers given at public examination in contempt proceedings

Ratio Decidendi

The respondent intentionally breached statutory obligations to cooperate with the trustee and provide truthful information about his financial affairs, including the fate of inheritance money, and took deliberate steps to conceal assets and mislead the trustee and the court. These actions constitute criminal contempt of court under sections 333 and 363 of the Insolvency Act 1986. The correct procedure for committal was followed under CPR 81.15.

Court Disposition

Application for committal for contempt of court granted as to breaches of sections 333 and 363; breach of section 312 not proved.

Orders

  • Certification of contempt of court for breaches of sections 333(1)(a), 333(1)(c), and 363(2) of the Insolvency Act 1986.
  • Further submissions to be heard on sanction.