The Official Receiver v Brown

The Official Receiver v Brown

Mr Brown's persistent, deliberate, and unmitigated refusal to comply with statutory obligations as a bankrupt constitutes serious contempt of court, warranting immediate custodial sentence as punishment and coercion to secure compliance.

Source-derived case information.

Parties
Applicant: The Official Receiver; Respondent: Clive Washington Brown; Interested Party: Trustees in bankruptcy
Jurisdiction
England and Wales
Judgment Date
07 November 2017
Procedural Posture
Committal for Contempt in Bankruptcy / Sentencing Judgment
Outcome
Immediate custodial sentence imposed for contempt of court.
Legal Topics
Statutory Obligations of Bankrupt, Failure to Comply With Court Orders, Sentencing for Contempt
Insolvency Contempt of Court Bankruptcy Statutory Obligations of Bankrupt Failure to Comply With Court Orders Sentencing for Contempt

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Parties

The Official Receiver

Applicant

Clive Washington Brown

Respondent

Trustees in bankruptcy

Interested Party

Procedural Posture

Committal for Contempt in Bankruptcy / Sentencing Judgment

Legal Issues

  1. 1 Whether Clive Washington Brown had reasonable excuse for non-compliance with statutory obligations under Insolvency Act 1986
  2. 2 Appropriate sanction for contempt of court for failure to comply with obligations to Official Receiver and Trustees in bankruptcy

Ratio Decidendi

Mr Brown's persistent, deliberate, and unmitigated refusal to comply with statutory obligations as a bankrupt constitutes serious contempt of court, warranting immediate custodial sentence as punishment and coercion to secure compliance.

Court Disposition

Immediate custodial sentence imposed for contempt of court.

Orders

  • Clive Washington Brown committed to prison for 8 months for contempt of court under ss.288, 291, 312, and 333 Insolvency Act 1986, to be served concurrently.
  • By operation of s.258(2) Criminal Justice Act 2003, Mr Brown will serve 4 months before unconditional release.