Todaysure Matthews Ltd & Anor v Mattar

Todaysure Matthews Ltd & Anor v Mattar

Mr. Mattar was aware of the undertakings and orders, was responsible for the defendant's actions, and deliberately breached the undertakings by failing to pay the proceeds of the performance guarantee into court. The breaches were serious, deliberate, and for financial gain, justifying an immediate custodial sentence. Service requirements were satisfied or properly dispensed with.

Parties
Claimant/applicant: Todaysure Matthews Limited; Claimant/applicant: Matthews International Corporation; Defendant/respondent: Marketing Ways Services Limited; Respondent: Waleed Mattar
Jurisdiction
England and Wales
Judgment Date
04 March 2016
Procedural Posture
Contempt/committal Application (commercial) / Judgment on Committal Application and Sentencing
Outcome
Application for committal granted; Mr. Mattar found guilty of contempt of court and sentenced.
Legal Topics
Breach of Undertaking, Committal for Contempt, Performance Guarantee, Service of Process
Commercial Law Civil Procedure Contempt of Court Breach of Undertaking Committal for Contempt Performance Guarantee Service of Process

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Parties

Todaysure Matthews Limited

Claimant/applicant

Matthews International Corporation

Claimant/applicant

Marketing Ways Services Limited

Defendant/respondent

Waleed Mattar

Respondent

Procedural Posture

Contempt/committal Application (commercial) / Judgment on Committal Application and Sentencing

Legal Issues

  1. 1 Whether Mr. Waleed Mattar is guilty of contempt of court for breach of undertaking given by the defendant company.
  2. 2 Whether the requirements for committal for contempt are satisfied to the criminal standard of proof.
  3. 3 Whether service of the committal application and underlying orders was effective and sufficient.

Ratio Decidendi

Mr. Mattar was aware of the undertakings and orders, was responsible for the defendant's actions, and deliberately breached the undertakings by failing to pay the proceeds of the performance guarantee into court. The breaches were serious, deliberate, and for financial gain, justifying an immediate custodial sentence. Service requirements were satisfied or properly dispensed with.

Court Disposition

Application for committal granted; Mr. Mattar found guilty of contempt of court and sentenced.

Orders

  • Mr. Waleed Mattar committed to Her Majesty’s Prison, Pentonville, for 18 months from date of apprehension.
  • Warrant for committal to be issued.