IC Mutual Ltd & Ors v Raven & Ors

IC Mutual Ltd & Ors v Raven & Ors

Mr Raven was found to have deliberately breached the disclosure orders of the court by failing to provide details and documentation of his worldwide assets, making false statements regarding his income and Claimed Assets, and obstructing the tracing of assets. His explanations were found to be untruthful and not credible. The breaches were serious and contumacious, justifying a finding of contempt.

Parties
Claimant: IC Mutual Limited; Claimant: Commercial Lending Corporation Limited; Claimant: Imperial Consolidated Financiers Limited; Claimant: Imperial Consolidated Limited; Claimant: Imperial Phoenix Finance Limited; Defendant: Robert Statham Raven; Defendant: Julie Marie Raven; Defendant: Alternative Investments Strategies Limited
Jurisdiction
England and Wales
Judgment Date
25 November 2005
Procedural Posture
Civil (contempt/committal Application) / Judgment on Committal Application (liability, Penalty Adjourned)
Outcome
Respondent found in contempt of court; penalty adjourned.
Legal Topics
Contempt of Court, Disclosure Orders, Asset Tracing, Breach of Court Orders, Freezing Injunctions
Civil Procedure Insolvency Company Law Contempt of Court Disclosure Orders Asset Tracing Breach of Court Orders Freezing Injunctions

Case Brief

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Parties

IC Mutual Limited

Claimant

Commercial Lending Corporation Limited

Claimant

Imperial Consolidated Financiers Limited

Claimant

Imperial Consolidated Limited

Claimant

Imperial Phoenix Finance Limited

Claimant

Robert Statham Raven

Defendant

Julie Marie Raven

Defendant

Alternative Investments Strategies Limited

Defendant

Procedural Posture

Civil (contempt/committal Application) / Judgment on Committal Application (liability, Penalty Adjourned)

Legal Issues

  1. 1 Whether Mr Raven breached disclosure orders of the court and is in contempt
  2. 2 Whether Mr Raven made false statements and failed to provide required documentation regarding his assets and Claimed Assets
  3. 3 Whether Mr Raven's explanations for non-compliance are credible

Ratio Decidendi

Mr Raven was found to have deliberately breached the disclosure orders of the court by failing to provide details and documentation of his worldwide assets, making false statements regarding his income and Claimed Assets, and obstructing the tracing of assets. His explanations were found to be untruthful and not credible. The breaches were serious and contumacious, justifying a finding of contempt.

Court Disposition

Respondent found in contempt of court; penalty adjourned.

Orders

  • Hearing adjourned to January 2006 for determination of penalty.
  • Directions to file evidence on matters arising since the hearing.