Silverburn Finance (UK) Ltd v Guest [2018] EWHC 3632 (Ch) (19 November 2018)

Silverburn Finance (UK) Ltd v Guest [2018] EWHC 3632 (Ch) (19 November 2018)

The respondent committed multiple contempts of court by breaching his undertaking, making false statements, forging bank statements, failing to disclose accurate bank account information, and improperly distributing company assets. These contempts are proved beyond reasonable doubt and warrant a substantial sentence of imprisonment, suspended on condition of repayment to the liquidator.

Citation
[2018] EWHC 3632 (Ch)
Parties
Petitioner/applicant: Silverburn Finance (UK) Limited; Respondent: Ryan Guest
Jurisdiction
England and Wales
Judgment Date
19 November 2018
Procedural Posture
Committal Application in Insolvency Proceedings / Final Hearing and Sentencing
Outcome
Committal to prison for 18 months (547 days), suspended for two years on condition of repayment.
Legal Topics
Director's Duties, Validation Order, Committal for Contempt, Forgery of Documents, Breach of Undertaking, Distribution of Company Assets
Insolvency Company Law Contempt of Court Director's Duties Validation Order Committal for Contempt Forgery of Documents Breach of Undertaking +1 more

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Parties

Silverburn Finance (UK) Limited

Petitioner/applicant

Ryan Guest

Respondent

Procedural Posture

Committal Application in Insolvency Proceedings / Final Hearing and Sentencing

Legal Issues

  1. 1 Whether the respondent breached his undertaking to pay petitioned sums after bank account was unfrozen
  2. 2 Whether the respondent made false statements and forged documents to mislead the court
  3. 3 Whether the respondent failed to disclose accurate bank account information as ordered

Ratio Decidendi

The respondent committed multiple contempts of court by breaching his undertaking, making false statements, forging bank statements, failing to disclose accurate bank account information, and improperly distributing company assets. These contempts are proved beyond reasonable doubt and warrant a substantial sentence of imprisonment, suspended on condition of repayment to the liquidator.

Court Disposition

Committal to prison for 18 months (547 days), suspended for two years on condition of repayment.

Orders

  • Respondent to pay £52,423 plus 8% per annum interest from 21 July 2017 to the liquidator in 12 equal instalments commencing 26 January 2019.
  • If payments are not maintained, the suspended sentence will be activated.