JSC BTA Bank v Shalabayev


Reference:

Date:
27th June 2011

Court:
High Court

Comment:

A contemnor was sentenced to two custodial sentences of 18 months and one of 6 months to run concurrently, for breaches of the disclosure provisions of a freezing order, in circumstances where the contemnor did not appear to accept that he was in contempt; had made no attempt whatsoever to comply with the freezing order; made no admission of breach; failed to attend court on any of three hearings related to the committal application; and failed to serve any evidence in mitigation but relied upon an “unpersuasive excuse” that he feared for his safety. Briggs J considered it to be “a case of very serious continuing total non-compliance with a freezing order” and “as clear a case of a continuing breach of the freezing order as it would be possible to imagine”.


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