Kimyani & Ors v Sandhu

Kimyani & Ors v Sandhu

Mrs. Sandhu deliberately breached the court’s disclosure order, failed to provide accurate and frank information, and gave false evidence. The breach is serious and warrants an immediate custodial sentence of 12 months, subject to possible reduction upon full and prompt compliance.

Parties
Applicant: Sukhvinder Kimyani; Applicant: Narinder Purdie; Applicant: Nimmi Rattu; Respondent: Devinder Sandhu
Jurisdiction
England and Wales
Judgment Date
17 May 2017
Procedural Posture
Committal Application / Judgment
Outcome
Immediate custodial sentence for contempt of court
Legal Topics
Freezing Injunction, Breach of Court Order, Disclosure Obligations, Sentencing for Contempt
Civil Procedure Contempt of Court Estate Administration Freezing Injunction Breach of Court Order Disclosure Obligations Sentencing for Contempt

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Parties

Sukhvinder Kimyani

Applicant

Narinder Purdie

Applicant

Nimmi Rattu

Applicant

Devinder Sandhu

Respondent

Procedural Posture

Committal Application / Judgment

Legal Issues

  1. 1 Whether Mrs. Sandhu breached Marcus Smith J’s order regarding disclosure of assets and proceeds of sale
  2. 2 Whether the breach warrants immediate custodial sentence
  3. 3 Whether mitigating factors (medical evidence, contrition) affect sentencing

Ratio Decidendi

Mrs. Sandhu deliberately breached the court’s disclosure order, failed to provide accurate and frank information, and gave false evidence. The breach is serious and warrants an immediate custodial sentence of 12 months, subject to possible reduction upon full and prompt compliance.

Court Disposition

Immediate custodial sentence for contempt of court

Orders

  • Mrs. Sandhu sentenced to 12 months’ imprisonment for contempt, with possibility of reduction by up to six months upon full and prompt compliance with disclosure obligations and cooperation with Claimants.
  • Mrs. Sandhu to be taken into custody by Mr. Tipstaff.