Source: All England Reporter
Publisher Citation: [2008] All ER (D) 101 (Aug)
Court: Court of Appeal, Civil Division
Judge:

Mummery, Jacob and Stanley Burnton LJJ
Representation Margaret McGowan-Smyth (instructed by Vyman) for the liquidator.
  Barry Isaacs (instructed by Brook Martin) for K.
Judgment Dates: 15 August 2008

Catchwords

Contempt of court - Civil contempt - Committal - Breach of registrar's order - Second defendant failing to serve affidavit - Liquidator commencing contempt proceedings - Judge finding second defendant in contempt of court and committing him to prison for one year - Whether judge erring - Whether sentence manifestly excessive.

The Case

Contempt of court Civil contempt. Following the liquidation of a company, where K, the shadow director of that company, had failed to comply with an order made by a registrar in which he was to serve an affidavit, the judge had been correct to find that K was in contempt of court for failing to comply with the order, and the judge had been correct to commit him to prison for one year.

Practice Areas

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