The Financial Conduct Authority v McKendrick

The Financial Conduct Authority v McKendrick

Mr McKendrick admitted and the court found, to the criminal standard, that he committed five deliberate breaches of clear and properly served worldwide freezing orders. The contempts were serious, planned, and intended to thwart the court’s orders. Mitigation included his admissions, apology, and belated attempt to comply, but the seriousness of the contempts required an immediate custodial sentence.

Parties
Claimant/applicant: The Financial Conduct Authority; Tenth Defendant/respondent: Robert John McKendrick
Jurisdiction
England and Wales
Judgment Date
01 March 2019
Procedural Posture
Committal Application (contempt of Court) / Judgment After Hearing
Outcome
Mr McKendrick committed for contempt of court to six months' immediate imprisonment.
Legal Topics
Worldwide Freezing Orders, Asset Disclosure, Breach of Court Orders, Sentencing for Contempt
Civil Procedure Contempt of Court Financial Regulation Worldwide Freezing Orders Asset Disclosure Breach of Court Orders Sentencing for Contempt

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Parties

The Financial Conduct Authority

Claimant/applicant

Robert John McKendrick

Tenth Defendant/respondent

Procedural Posture

Committal Application (contempt of Court) / Judgment After Hearing

Legal Issues

  1. 1 Whether Mr McKendrick breached the Roth and McCahill Worldwide Freezing Orders
  2. 2 Whether the breaches amount to contempt of court
  3. 3 What penalty is appropriate for the contempts

Ratio Decidendi

Mr McKendrick admitted and the court found, to the criminal standard, that he committed five deliberate breaches of clear and properly served worldwide freezing orders. The contempts were serious, planned, and intended to thwart the court’s orders. Mitigation included his admissions, apology, and belated attempt to comply, but the seriousness of the contempts required an immediate custodial sentence.

Court Disposition

Mr McKendrick committed for contempt of court to six months' immediate imprisonment.

Orders

  • Mr McKendrick is committed to prison for six months from the date of apprehension.
  • He is entitled to unconditional release after serving half the sentence under section 258 of the Criminal Justice Act 2003.