Business Mortgage Finance 4 Plc & Ors v Hussain [2022] EWHC 661 (Ch) (11 March 2022)

Business Mortgage Finance 4 Plc & Ors v Hussain [2022] EWHC 661 (Ch) (11 March 2022)

Given the Defendant's repeated, deliberate, and contumacious breaches of the injunction, lack of remorse, evasion of the court, and high risk of continued non-compliance, only an immediate custodial sentence of 24 months meets the justice of the case. Suspension or stay of the sentence is not justified. Indemnity costs are appropriate, and referral to the Attorney-General is warranted.

Citation
[2022] EWHC 661 (Ch)
Parties
Claimant: Business Mortgage Finance 4 PLC & Ors; Defendant: Rizwan Hussain
Jurisdiction
England and Wales
Judgment Date
11 March 2022
Procedural Posture
Committal Application (contempt of Court) / Sanctions Hearing Following Finding of Contempt
Outcome
Defendant sentenced to 24 months' immediate imprisonment for contempt of court.
Legal Topics
Committal for Contempt, Sanctions for Breach of Injunction, Costs in Committal Proceedings, Service of Committal Orders, Flight Risk and Warrants, Legal Aid in Committal Proceedings
Civil Procedure Contempt of Court Committal for Contempt Sanctions for Breach of Injunction Costs in Committal Proceedings Service of Committal Orders Flight Risk and Warrants Legal Aid in Committal Proceedings

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Parties

Business Mortgage Finance 4 PLC & Ors

Claimant

Rizwan Hussain

Defendant

Procedural Posture

Committal Application (contempt of Court) / Sanctions Hearing Following Finding of Contempt

Legal Issues

  1. 1 What is the appropriate sanction for repeated, deliberate breaches of a court injunction?
  2. 2 Should the sentence of imprisonment be suspended or immediate?
  3. 3 Should the committal warrant be stayed pending appeal?

Ratio Decidendi

Given the Defendant's repeated, deliberate, and contumacious breaches of the injunction, lack of remorse, evasion of the court, and high risk of continued non-compliance, only an immediate custodial sentence of 24 months meets the justice of the case. Suspension or stay of the sentence is not justified. Indemnity costs are appropriate, and referral to the Attorney-General is warranted.

Court Disposition

Defendant sentenced to 24 months' immediate imprisonment for contempt of court.

Orders

  • Order of committal and warrant of committal to be issued immediately.
  • Service of the order and warrant may be effected by alternative means (email to solicitors and known addresses).