HM Solicitor General v Stephen Yaxley-Lennon
[2024] EWHC 2732 (KB)
Mohammed Saleem Khawaja v Stela Stefanova & Ors
29 March 2023
[2023] EWHC 915 (Ch)
High Court
A woman repeatedly ignored court orders to share information. The judge said this was serious and gave her an eight-month prison sentence, but because she has a young child, she won't go to jail if she follows all the court orders from now on.
Key Facts
- •Respondent (Stela Stefanova) found in contempt of court for breaching numerous court orders (County Court and High Court) related to disclosure of information in a freezing injunction case.
- •Breaches included repeated failure to disclose information, providing misleading information regarding legal fees and pension payments, and delaying the provision of information.
- •Respondent's conduct was deemed serious and contumelious, representing a deliberate attempt to avoid disclosure.
- •Respondent eventually admitted most breaches but offered excuses deemed lacking in credibility by the judge.
- •Respondent has caring responsibilities for a young child.
Legal Principles
Totality principle in sentencing for contempt of court.
Criminal courts' sentencing practice
General principles on contempt applications, including penalties (imprisonment, fines), purposes of committal (punishment and securing compliance), and factors for suspending committal.
Otkritie International Management v Gersamia [2015] EWHC 821 (Eder J)
Desirability of keeping first-time offenders out of prison; imprisonment only appropriate for serious or 'contumelious' flouting of orders; key questions are culpability and harm.
General principles on contempt applications
Breaches of disclosure orders in freezing order contexts normally warrant a prison sentence; continuing failure to disclose may result in a long sentence.
Otkritie International Management v Gersamia [2015] EWHC 821 (Eder J)
Relevant mitigating factors include admission of contempt, remorse, belated compliance, character, and antecedents.
General principles on contempt applications
Outcomes
Respondent sentenced to eight months' imprisonment (four months for High Court breaches and four months consecutively for County Court breaches).
Serious and contumelious breaches; deliberate attempts to avoid disclosure; harm caused to petitioner; consideration of culpability and harm.
Sentence suspended for 18 months on condition of full compliance with High Court orders within 28 days.
Respondent's caring responsibilities for a young child; overcrowded prison estate; late admission of breaches; consideration of mitigating factors like mental health and pressure from litigation.