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17 November 2011
Issue: 7490 / Categories: Case law , Law digest , In Court
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Practice

JSC BTA Bank v Solodchenko and others [2011] EWCA Civ 1241, [2011] All ER (D) 56 (Nov)

 

In the consideration of sentencing for civil contempt, when such contempt consisted of non-compliance with the disclosure provisions of a freezing order, the following propositions applied:

(i) freezing orders were made for good reason and in order to prevent the dissipation or spiriting away of assets. Any substantial breach of such an order was a serious matter which merited condign punishment;

(ii) condign punishment for such contempt normally meant a prison sentence, however, there might be circumstances in which a substantial fine was sufficient; and

(iii) where there was a continuing failure to disclose relevant information, the court had to consider imposing a long sentence, possibly even the maximum of two years, to encourage future co-operation by the contemnor. In the case of continuing breach, out of fairness to the contemnor, the court might see fit to indicate, first, what portion of the sentence should be served in any event as punishment for past breaches and, second, what portion of

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MOVERS & SHAKERS

Bell Yard Kysen—Liz Giles

Bell Yard Kysen—Liz Giles

Bell Yard Kysen appoints senior legal PR and ex-government communications adviser, Liz Giles

Clarke Willmott—Lee Edwards

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Clarke Willmott boosts Southampton commercial property team with addition of partner Lee Edwards

Lime Solicitors—four promotions

Lime Solicitors—four promotions

Lime Solicitors announces four promotions

NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
Possession claims are entering a new digital era, with procedural traps awaiting practitioners who assume familiar rules still govern every step
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
Should a conviction stand when a later ruling reveals that the law underpinning it was wrong? The answer exposes a clash between finality and justice
The Environment Agency can prosecute offences beyond environmental legislation where proceedings support its statutory functions, the Divisional Court has confirmed
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