Source: All England Reporter
Publisher Citation: [2012] All ER (D) 75 (Apr)
Neutral Citation: [2012] EWHC 795 (Comm)
Court: Queen's Bench Division, Commercial Court
Judge:

Eder J
Representation Matthew Cook (instructed by Nelsons) for the claimant.
  Charles Quiney (instructed by Peter Davies Solicitors) for the second defendant.
  Mark Gadsden (instructed by Vale Solicitors) for the third defendant.
Judgment Dates: 28 March 2012

Catchwords

Contempt of court - Committal - Breach of freezing order - Liability of director for company's breach - Claimant insurance company contracting that first defendant insurance company act as its agent selling policies in United Kingdom - Second defendant being former manager, and third defendant being director of, first defendant - First defendant failing to pay premiums due under terms of contract - Claimant succeeding in claim for misrepresentation and deceit against second and third defendant - Claimant being granted freezing order against first defendant - Claimant alleging second and third defendant in breach of freezing order and seeking order for committal - Whether defendants guilty of contempt of court.

The Case

Contempt of court Committal. The Commercial Court of the Queen's Bench Division held a director and former manager of an insurance company in contempt of court for breaching a freezing order imposed against the company. It further held that the goodwill of the company constituted an 'asset' of the company, the transfer of which constituted a breach of the freezing order.

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