Samuel Cuthbert Secures Custodial Sentence in Contempt Application

On Friday 7^th February, following a full day of argument, Bryan J sitting in the Commercial Court passed a 15 month custodial sentence in a long running contempt application and made an indemnity costs order in the sum of c. £100,000. Samuel Cuthbert appeared for the successful Claimant in both the trial of the contempt application (judgment here) and also at the sentencing hearing (judgment here).

Following a hearing on 30 and 31 October 2024 (the “Committal Hearing”), Bryan J found that the Defendant, Mr Bryce, was guilty of contempt of court by breaching the terms of a freezing order and associated policing disclosure orders contained therein that had been made against him by Bright J on 17 November 2023 (the “Freezing Order”). Matthew Bradley KC appeared for the Claimant seeking the Freezing Order.

The sentence passed reflects the need for both a punitive and coercive element in the hope that the Defendant will belatedly comply with the Freezing Order. In the event of prompt and full compliance with the Freezing Order the Judge recorded that it will be open to Mr Bryce to apply to the Court to vary the sentence of 15 months’ imprisonment. However any variation which may be made on that account hereafter will not reduce the sentence to less than 6 months’ imprisonment, that being the penal element.

Samuel was instructed by Jenna Kruger and Waleed Tahirkheli of Eldwick Law.