Martina Yvonne Shand v Peter Edward Kemkers & Ors
Permission for contempt proceedings is refused and all allegations are struck out as totally without merit and an abuse of process. The applications are attempts to relitigate settled/discontinued matters, lack any realistic prospect of success, and are driven by collateral purpose. The 2025 action is struck out as totally without merit. An Extended Civil Restraint Order is imposed against Ms Shand for persistent unmeritorious litigation.
- Parties
- Claimant: Martina Yvonne Shand; Defendant: Peter Edward Kemkers; Defendant: Daniel Joseph Levy; Defendant: Jarret Bevan Brown; Defendant: John Bennett; Defendant: Jamie Charles Smith KC; Defendant: Timothy Hamar Chelmick; Defendant: Mishcon de Reya LLP; Defendant: DWF Law LLP
- Jurisdiction
- England and Wales
- Judgment Date
- 18 February 2026
- Procedural Posture
- Contempt Application and Strike Out Applications / Final Judgment on Permission and Strike Out
- Outcome
- Permission for contempt proceedings refused; all allegations struck out as totally without merit and abuse of process; 2025 action struck out; ECRO imposed.
- Legal Topics
- Abuse of Process, Civil Restraint Orders, False Statements, Fraud on the Court, Conflict of Interest, Strike Out Applications
Case Brief
Summary, issues, holding and outcome
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Parties
Martina Yvonne Shand
Claimant
Peter Edward Kemkers
Defendant
Daniel Joseph Levy
Defendant
Jarret Bevan Brown
Defendant
John Bennett
Defendant
Jamie Charles Smith KC
Defendant
Timothy Hamar Chelmick
Defendant
Mishcon de Reya LLP
Defendant
DWF Law LLP
Defendant
Procedural Posture
Contempt Application and Strike Out Applications / Final Judgment on Permission and Strike Out
Legal Issues
- 1 Whether permission should be granted for contempt proceedings against six defendants for alleged false statements and fraud on the court
- 2 Whether the applications and proceedings are an abuse of process and totally without merit
- 3 Whether the 2025 action against Mishcon and DWF should be struck out as totally without merit
Ratio Decidendi
Permission for contempt proceedings is refused and all allegations are struck out as totally without merit and an abuse of process. The applications are attempts to relitigate settled/discontinued matters, lack any realistic prospect of success, and are driven by collateral purpose. The 2025 action is struck out as totally without merit. An Extended Civil Restraint Order is imposed against Ms Shand for persistent unmeritorious litigation.
Court Disposition
Permission for contempt proceedings refused; all allegations struck out as totally without merit and abuse of process; 2025 action struck out; ECRO imposed.
Orders
- Permission to pursue contempt proceedings against all defendants refused.
- All contempt allegations struck out as totally without merit and abuse of process.
Full Case Text
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