JSC BTA Bank v Solodchenko (No 2)


Reference:
[2011] 1 WLR 906

Date:
2nd November 2010

Court:
High Court

Comment:

Having adjourned the question of sentence to allow the contemnor to comply belatedly with disclosure obligations pursuant to a freezing injunction, and after some disclosure had been given, Proudman J held that no sentence, custodial or otherwise, should be passed. The judge, faced with “difficult and novel points of law” including who should bear the burden of proof about whether the contempt had been purged, decided that the contemnor had given “apparent substantial compliance” and she would “sentence on the footing that the contempt ha[d] been purged, without making any findings as to whether there had[d] been full and proper compliance”.

The decision is being appealed to the Court of Appeal.


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