Mohammed Saleem Khawaja v Stela Stefanova & Ors

Mohammed Saleem Khawaja v Stela Stefanova & Ors

The Respondent's breaches of disclosure orders in the context of freezing injunctions were serious, deliberate, and contumelious, justifying a custodial sentence. However, the sentence is suspended due to her caring responsibilities for a young child and other mitigation.

Source-derived case information.

Parties
Petitioner: Mohammed Saleem Khawaja; Respondent: Stela Stefanova; Respondent: Biotechnologies UK Ltd; Respondent: Dermamed Solutions Ltd
Jurisdiction
England and Wales
Judgment Date
29 March 2023
Procedural Posture
Contempt of Court (civil) / Sentencing Judgment
Outcome
Custodial sentence of eight months imposed, suspended for eighteen months on condition of compliance with High Court orders.
Legal Topics
Breach of Court Orders, Disclosure Obligations, Freezing Injunctions, Sentencing for Contempt
Civil Procedure Contempt of Court Breach of Court Orders Disclosure Obligations Freezing Injunctions Sentencing for Contempt

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Parties

Mohammed Saleem Khawaja

Petitioner

Stela Stefanova

Respondent

Biotechnologies UK Ltd

Respondent

Dermamed Solutions Ltd

Respondent

Procedural Posture

Contempt of Court (civil) / Sentencing Judgment

Legal Issues

  1. 1 What is the appropriate sentence for the Respondent's contempt of court by breaching disclosure orders in the context of freezing injunctions?
  2. 2 Should the custodial sentence be suspended due to personal mitigation, including caring responsibilities?

Ratio Decidendi

The Respondent's breaches of disclosure orders in the context of freezing injunctions were serious, deliberate, and contumelious, justifying a custodial sentence. However, the sentence is suspended due to her caring responsibilities for a young child and other mitigation.

Court Disposition

Custodial sentence of eight months imposed, suspended for eighteen months on condition of compliance with High Court orders.

Orders

  • Respondent sentenced to eight months' imprisonment (four months for High Court breaches, four months for County Court breaches, consecutive).
  • Sentence suspended for eighteen months.