Following two days before the Hon. Mr Justice Bryan in the High Court, 4 New Square Chambers’ Samuel Cuthbert, acting for the claimant company, successfully achieves findings of contempt of court against the defendant.
The underlying proceedings relate to the Defendant’s failure to meet the purchase price of €3,000,000 for a number of parcels of nickel wire which gave rise to an arbitration order in the Claimant’s favour. A freezing order was made against the Defendant once the Claimant company discovered that at least five claims had been brought against the Defendant in the London Commercial Court, the Chancery Division of the High Court, and the Kings Bench Division, as well as two prior freezing orders, and the Defendant had made clear it had no intention of satisfying the arbitration order. Matthew Bradley KC appeared successfully for the Claimant in the freezing order application in November 2023.
Bryan J provided a detailed exposition of the applicable legal principles on contempt applications, before finding that all breaches of the freezing order pursued by Samuel were made out, some of which it was found remained ongoing. Bryan J was similarly happy to accede to the submission that he should adopt the view expressed by Simon Tinkler (sitting as a Deputy Judge of the High Court) in separate proceedings of the Defendant’s character that he was “quite happy to say whatever suited him at a particular time”. The Defendant will be sentenced in due course.
The judgment can be viewed here.
