Business Mortgage Finance 4 Plc & Ors v Hussain [2022] EWHC 449 (Ch) (02 March 2022)

Business Mortgage Finance 4 Plc & Ors v Hussain [2022] EWHC 449 (Ch) (02 March 2022)

Mr Hussain was aware of the Injunction and its terms by 7 April 2021 at the latest. He took or procured steps in breach of the Injunction, including interfering with the affairs of the claimants and purporting to act through others. The court has power to dispense with personal service and to waive the technical...

Source-derived case information.

Citation
[2022] EWHC 449 (Ch)
Parties
Claimant: Business Mortgage Finance 4 PLC; Claimant: Business Mortgage Finance 5 PLC; Claimant: Business Mortgage Finance 6 PLC; Claimant: Business Mortgage Finance 7 PLC; Defendant: Rizwan Hussain
Jurisdiction
England and Wales
Judgment Date
02 March 2022
Procedural Posture
Committal Application (civil Contempt) / Judgment After Trial
Outcome
Committal for contempt proved against Mr Hussain. Court dispenses with personal service and waives penal notice defect.
Legal Topics
Committal for Contempt, Injunctions, Securitisation Structures, Personal Service of Orders, Penal Notice Requirements
Civil Procedure Insolvency Company Law Committal for Contempt Injunctions Securitisation Structures Personal Service of Orders Penal Notice Requirements

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Parties

Business Mortgage Finance 4 PLC

Claimant

Business Mortgage Finance 5 PLC

Claimant

Business Mortgage Finance 6 PLC

Claimant

Business Mortgage Finance 7 PLC

Claimant

Rizwan Hussain

Defendant

Procedural Posture

Committal Application (civil Contempt) / Judgment After Trial

Legal Issues

  1. 1 Whether Mr Rizwan Hussain breached the terms of the Injunction granted on 8 February 2021
  2. 2 Whether the court should dispense with personal service of the Injunction
  3. 3 Whether the absence of a penal notice on the front page of the Injunction is fatal to the committal application

Ratio Decidendi

Mr Hussain was aware of the Injunction and its terms by 7 April 2021 at the latest. He took or procured steps in breach of the Injunction, including interfering with the affairs of the claimants and purporting to act through others. The court has power to dispense with personal service and to waive the technical defect regarding the penal notice, as no injustice was caused. The breaches were proved to the criminal standard.

Court Disposition

Committal for contempt proved against Mr Hussain. Court dispenses with personal service and waives penal notice defect.

Orders

  • Mr Hussain found in contempt of court for breaches of the Injunction.
  • Personal service of the Injunction on Mr Hussain dispensed with.