Varma v Atkinson & Anor [2020] EWCA Civ 1602 (27 November 2020)

Varma v Atkinson & Anor [2020] EWCA Civ 1602 (27 November 2020)

The appeal was dismissed because the new evidence did not undermine the findings of contempt to the criminal standard, there was no inconsistency between the judgments of the lower courts, and the correct legal standard for contempt was applied: knowledge of the order and the acts/omissions sufficed for liability, regardless of motive or intention.

Citation
[2020] EWCA Civ 1602
Parties
Appellant: Sanjiv Varma; Respondents: Paul Atkinson & Glyn Mummery (as Joint Liquidators of Grosvenor Property Developers Limited (in liquidation))
Jurisdiction
England and Wales
Judgment Date
27 November 2020
Procedural Posture
Civil Appeal / Appeal From High Court Judgment on Contempt of Court
Outcome
Appeal dismissed
Legal Topics
Contempt of Court, Breach of Fiduciary Duty, Asset Recovery, Freezing Orders, Knowing Receipt, Misfeasance
Insolvency Company Law Civil Procedure Contempt of Court Breach of Fiduciary Duty Asset Recovery Freezing Orders Knowing Receipt +1 more

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Parties

Sanjiv Varma

Appellant

Paul Atkinson & Glyn Mummery (as Joint Liquidators of Grosvenor Property Developers Limited (in liquidation))

Respondents

Procedural Posture

Civil Appeal / Appeal From High Court Judgment on Contempt of Court

Legal Issues

  1. 1 Whether findings of contempt against Mr Varma were justified to the criminal standard of proof
  2. 2 Whether new evidence undermined the findings of contempt
  3. 3 Whether procedural irregularities or inconsistent findings between judges rendered the contempt findings unsafe

Ratio Decidendi

The appeal was dismissed because the new evidence did not undermine the findings of contempt to the criminal standard, there was no inconsistency between the judgments of the lower courts, and the correct legal standard for contempt was applied: knowledge of the order and the acts/omissions sufficed for liability, regardless of motive or intention.

Court Disposition

Appeal dismissed

Orders

  • Application to admit new evidence granted
  • Appeal against findings of contempt dismissed