Allason & Anor v Random House (UK) Ltd (No.2) [2002] EWHC 1030 (Ch) (19 April 2002)

Allason & Anor v Random House (UK) Ltd (No.2) [2002] EWHC 1030 (Ch) (19 April 2002)

Mr Allason was in contempt of court due to serious and unjustified delay in complying with the disclosure order and failure to provide full information regarding his assets, including shareholdings and bank accounts. However, the court adjourned the committal application to give Mr Allason a final opportunity to comply fully, warning that failure to do so would likely result in imprisonment.

Citation
[2002] EWHC 1030 (Ch)
Parties
Claimant: ALLASON & ANOTHER; Defendant: RANDOM HOUSE (UK) LTD (No.2)
Jurisdiction
England and Wales
Judgment Date
19 April 2002
Procedural Posture
Contempt Application in Civil Proceedings / Post Judgment, Application for Committal for Contempt
Outcome
Application for committal adjourned; finding of contempt made; final opportunity for compliance granted.
Legal Topics
Freezing Orders, Disclosure of Assets, Committal for Contempt, Breach of Court Order
Civil Procedure Contempt of Court Freezing Orders Disclosure of Assets Committal for Contempt Breach of Court Order

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Parties

ALLASON & ANOTHER

Claimant

RANDOM HOUSE (UK) LTD (No.2)

Defendant

Procedural Posture

Contempt Application in Civil Proceedings / Post Judgment, Application for Committal for Contempt

Legal Issues

  1. 1 Whether Mr Allason and the Company failed to comply with the disclosure and freezing order of Lloyd J dated 18 March 2002
  2. 2 Whether the failures amount to contempt of court justifying committal

Ratio Decidendi

Mr Allason was in contempt of court due to serious and unjustified delay in complying with the disclosure order and failure to provide full information regarding his assets, including shareholdings and bank accounts. However, the court adjourned the committal application to give Mr Allason a final opportunity to comply fully, warning that failure to do so would likely result in imprisonment.

Court Disposition

Application for committal adjourned; finding of contempt made; final opportunity for compliance granted.

Orders

  • Mr Allason to provide, within 18 days, a full affidavit detailing ownership and value of shares in WTL and the Company, assets of those companies, details of any charges, supporting documents, information on copyrights and income sources, and evidence regarding bank interest.
  • If Mr Allason complies, no further order for committal will be made at this stage, but he must pay costs on an indemnity basis.