Source: All England Reporter
Publisher Citation: [2011] All ER (D) 78 (May)
Neutral Citation: [2011] EWHC 1024 (Comm)
Court: Queen's Bench Division, Commercial Court
Judge:

Christopher Clarke J
Representation Gavin Kealey QC, Stephen Philips QC, MP and Colin West (instructed by Simmons & Simmons LLP) for the applicant/judgment creditor.
  Alan Boyle QC, James Lewis QC, Dan McCourt Fritz and Ben Brandon (instructed by SC Andrew LLP) for the respondents/judgment debtors.
  Ian Mill QC, Andrew Hunter and Tom Cleaver (instructed by Jones Day) for the 3rd respondent.
Judgment Dates: 5 May 2011

Catchwords

Conflict of laws - Jurisdiction - Challenge to jurisdiction - Contempt of court - Judgment creditor seeking declarations of contempt of court in relation to orders granted in its favour against respondent judgment debtors - Judgment debtor resisting allegations - Whether judgment creditor required to prove contumaciousness in relation to breach of order - Whether court having jurisdiction to order contempt for non-compliance of order of English court, if compliance with order would require disobedience to order of foreign court.

The Case

Conflict of laws Jurisdiction. The Queen's Bench Division, Commercial Court held, in the context of an application by a judgment creditor for declarations of contempt of court against judgment debtors, that, inter alia, it was not appropriate for the court to determine whether or not to exercise its contempt jurisdiction by reference to the court to which the putative contemnor owed its primary allegiance.

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