Contempt Of Court

• Law Firm: ISOLAS
• Subject Matter: Litigation, Mediation & Arbitration, Court Procedure
• Author: Mr James Montado and James Castle
• Published date: 24 October 2023

The Supreme Court of Gibraltar this week granted permission allowing Mansion (Gibraltar) Limited to bring committal proceedings for contempt of court against the Defendant in ongoing proceedings before the Supreme Court of Gibraltar.

The Application follows the Claimants' having successfully obtained a '5m Worldwide Freezing Order ("WFO") against the First Defendant in February 2023 (Judgment accessible here ). Our clients application is premised on three distinct contempts on the part of the First Defendant:

i) that in breach of undertakings provided to Court, the First Defendant made payments and withdrawals from his bank account in excess of the '10,000 per week permitted (the First Ground);

ii) that the First Defendant made a false statement in a witness statement verified by a statement of truth in respect of the part of the proceeds of a sale of property (the Second Ground); and

iii) that the First Defendant made a false statement in a witness statement verified by a statement of truth that his expenditure during the 24 weeks covered by undertakings amounted to '258,603 when in fact it amounted to '335,490.25 (the Third Ground).

As the First Ground relates to a breach of an Order there was no need for our clients to seek the Courts permission to proceed with the application. Accordingly, the application was premised on our clients being able to establish that...