Todaysure Matthews Ltd & Anor v Mattar [2016] EWHC 584 (Comm) (04 March 2016)

Todaysure Matthews Ltd & Anor v Mattar [2016] EWHC 584 (Comm) (04 March 2016)

Mr. Mattar knowingly breached undertakings to pay performance guarantee proceeds into court, acted deliberately for financial gain, concealed breach, and misled claimants and court; criminal standard of proof satisfied for contempt; immediate custodial sentence warranted.

Citation
[2016] EWHC 584 (Comm)
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 Application in Commercial Proceedings / Judgment on Committal and Sentencing
Outcome
Mr. Waleed Mattar found guilty of contempt of court and sentenced to immediate imprisonment.
Legal Topics
Breach of Undertaking, Performance Guarantee, Committal for Contempt, Sentencing for Contempt
Commercial Law Civil Procedure Contempt of Court Breach of Undertaking Performance Guarantee Committal for Contempt Sentencing for Contempt

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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 Application in Commercial Proceedings / Judgment on Committal and Sentencing

Legal Issues

  1. 1 Whether Mr. Waleed Mattar breached undertakings given to the court regarding payment of performance guarantee proceeds
  2. 2 Whether Mr. Mattar is guilty of contempt of court
  3. 3 Appropriate sentence for contempt

Ratio Decidendi

Mr. Mattar knowingly breached undertakings to pay performance guarantee proceeds into court, acted deliberately for financial gain, concealed breach, and misled claimants and court; criminal standard of proof satisfied for contempt; immediate custodial sentence warranted.

Court Disposition

Mr. Waleed Mattar found guilty of contempt of court and sentenced to immediate imprisonment.

Orders

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