Shahraab Ahmad v Karim Ouajjou & Anor
[2024] EWHC 1096 (Comm)
Say Chong Lim & Ors v Chee Kong Ong (a bankrupt)
20 February 2024
[2024] EWHC 373 (Ch)
High Court
A man repeatedly disobeyed court orders, hiding money and lying about his assets. After initially denying wrongdoing, he confessed. The judge sentenced him to 22 months in jail because his actions were serious and he showed no remorse. The jail time was not delayed, as he continued to defy the court even after confessing.
Key Facts
- •Mr. Ong was found in contempt of court for numerous breaches of court orders, including a worldwide freezing order (WFO).
- •The breaches involved asset dissipation, false statements about assets, and non-compliance with disclosure orders.
- •Mr. Ong initially denied the allegations but later admitted to all contempts after his bankruptcy.
- •The case involved multiple counts of contempt spanning almost four years.
- •The claimants sought committal for contempt; Mr. Ong’s bankruptcy meant a fine was not considered appropriate.
Legal Principles
Sentencing for contempt should consider culpability and harm caused, analogous to criminal cases.
Attorney General v Crosland [2021] 4 WLR 103, §44; Liverpool Victoria Insurance Co Ltd v Khan [2019] EWCA Civ 392
Imprisonment for contempt is only appropriate for serious, contumacious flouting of court orders.
Business Mortgage Finance v Hussain [2023] 1 WLR 396; Solicitors Regulation Authority v Khan [2022] EWHC 45 (Ch)
Factors to consider in sentencing for contempt include prejudice to the claimant, deliberateness of the breach, culpability, cooperation, and remorse.
Crystalmews v Metterick [2006] EWHC 3087; Asia Islamic Trade Finance Fund v Drum Risk Management [2015] EWHC 3748 (Comm)
Maximum sentence for contempt is two years; reduction for admission of guilt depends on timing.
Contempt of Court Act 1981, s. 14(1); Lakatamia Shipping v Su [2021] EWCA Civ 1355; Liverpool Victoria Insurance v Zafar [2019] EWCA Civ 392
Sentencing for multiple offences should use a structured approach, considering each offence and overall proportionality.
Khawaja v Stefanova [2023] EWCA Civ 1201; Sentencing Council Guideline on Totality
High prison population is a factor when considering suspension of short sentences.
R v Arie Ali [2023] EWCA Crim 232; UK Insurance v Syed Ali [2024] EWHC 30 (KB)
Outcomes
Mr. Ong was sentenced to 22 months imprisonment.
The court considered the gravity and impact of the numerous contempts, Mr. Ong's high culpability, and mitigating factors (which were given little weight). A custodial sentence was deemed necessary due to the seriousness and persistence of the contempts and Mr. Ong’s bankruptcy.
The sentence was not suspended or adjourned.
The court found insufficient reasons to suspend or adjourn the sentence, given Mr. Ong's persistent non-compliance despite legal representation and the absence of compelling medical or family circumstances.
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