ADM International Sarl v Grain House International SA

Subject Matter

CONTEMPT OF COURT — Civil contempt — Sentence

[2023] EWHC 135 (Comm), KBD

INJUNCTION — Asset disclosure order — Construction — Order requiring “value” of asset to be disclosed — Whether “value” meaning market value or value after taking account of encumbrances

[2024] EWCA Civ 33; [2024] 1 WLR 3262; [2024] 1 All ER (Comm) 1194; [2024] WLR(D) 37, CA

PRACTICE — Appeal — New point on appeal — Defendant wishing to raise new point on appeal against committal for contempt — Whether to be permitted to do so

[2024] EWCA Civ 33; [2024] 1 WLR 3262; [2024] 1 All ER (Comm) 1194; [2024] WLR(D) 37, CA

CONTEMPT OF COURT — Committal application — Company director — Court’s jurisdiction to make committal order against company director in respect of company’s breach of court order — Whether matter of substantive law or deriving from rules of court — CPR r 81.4

[2024] EWCA Civ 33; [2024] 1 WLR 3262; [2024] 1 All ER (Comm) 1194; [2024] WLR(D) 37, CA

CONTEMPT OF COURT — Committal order — Civil contempt — Company found to be in contempt of court for breaches of court disclosure orders — Company director found liable in his capacity as director for aiding and abetting breaches — Whether directors’ liability for civil contempt arising from procedural rules of court — Whether removal of reference to such liability from procedural rules of court meaning that directors to be treated as any other third party — Whether responsible persons liability principle a matter of substantive or procedural law — Civil Procedure (Amendment No 3) Rules 2020 (SI 2020/747), r 81.1(2)(3) — CPR r 84.1(3) [before 1 October 2020]

[2024] EWCA Civ 33; [2024] 1 WLR 3262; [2024] 1 All ER (Comm) 1194; [2024] WLR(D) 37, CA

Appellate History