Podstreshnyy v Pericles Properties Ltd & Anor [2019] EWHC 469 (Ch) (14 February 2019)

Podstreshnyy v Pericles Properties Ltd & Anor [2019] EWHC 469 (Ch) (14 February 2019)

Ms Sellers committed serious, deliberate, and sustained breaches of freezing and disclosure orders, with calculated actions to frustrate the orders and prejudice the claimant. Mitigating factors, including late disclosure, apology, and childcare arrangements, were insufficient to justify suspension. Immediate custodial sentence is required to uphold the authority of the court and deter similar conduct.

Citation
[2019] EWHC 469 (Ch)
Parties
Claimant/applicant: Artem Podstreshnyy; Defendant: Pericles Properties Limited; Defendant/respondent: Olita Sellers
Jurisdiction
England and Wales
Judgment Date
14 February 2019
Procedural Posture
Committal Application (contempt of Court) / Judgment and Sentencing
Outcome
Application for committal granted; immediate custodial sentence imposed.
Legal Topics
Freezing Injunctions, Asset Disclosure, Breach of Court Orders, Sanctions for Contempt, Costs Orders
Civil Procedure Contempt of Court Property Law Freezing Injunctions Asset Disclosure Breach of Court Orders Sanctions for Contempt Costs Orders

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Parties

Artem Podstreshnyy

Claimant/applicant

Pericles Properties Limited

Defendant

Olita Sellers

Defendant/respondent

Procedural Posture

Committal Application (contempt of Court) / Judgment and Sentencing

Legal Issues

  1. 1 Whether Ms Sellers breached freezing and disclosure orders of the court
  2. 2 Whether breaches were deliberate and serious enough to warrant committal
  3. 3 Whether mitigating factors justified suspension of sentence

Ratio Decidendi

Ms Sellers committed serious, deliberate, and sustained breaches of freezing and disclosure orders, with calculated actions to frustrate the orders and prejudice the claimant. Mitigating factors, including late disclosure, apology, and childcare arrangements, were insufficient to justify suspension. Immediate custodial sentence is required to uphold the authority of the court and deter similar conduct.

Court Disposition

Application for committal granted; immediate custodial sentence imposed.

Orders

  • Ms Sellers sentenced to nine months' imprisonment for contempt (grounds one and two: nine months each; ground four: six months; all concurrent).
  • Ms Sellers to pay costs of £11,300 (hearing before Fancourt J) within 14 days.