High Court rules on contempt allegations in Tonstate Group v. Wojakovski case

Citation: [2023] EWHC 3119 (Ch)
Judgment on


The High Court of Justice recently adjudicated on the case of Tonstate Group Limited (In Liquidation) & Anor v Edward Wojakovski, a complex matter involving allegations of contempt of court. This judgment by Mr Justice Edwin Johnson meticulously dissects the alleged contempts relating to breaches of court orders and purportedly false statements. This article aims to elucidate the legal principles applied in this case, connecting them to the key points of the judgment, thus offering a streamlined analysis for the legal fraternity.

Key Facts

The case stems from the lengthy litigation involving the Tonstate group of companies and Mr Edward Wojakovski. The contempt application centers on the defendant’s alleged failure to comply with various court orders and the making of intentionally false statements. Notably, one set of allegations was admitted by the defendant, while others remained disputed. The contested issues relate to the disclosure of assets, the use of funds in relation to a freezing order, and the veracity of statements made in affidavits.

Contempt of Court and Standard of Proof

A pivotal legal principle in this case is the standard of proof in contempt proceedings, which is criminal in nature, necessitating the claimants to establish allegations “so that the court is sure,” equating to beyond reasonable doubt. This high threshold was rigorously applied throughout the judgment, impacting the outcome of various allegations.

The Right to Silence and Adverse Inferences

The defendant’s right to silence was particularly significant. Although this right is absolute, jurisprudence suggests that adverse inferences may be drawn from a defendant’s silence if appropriate, paralleling the guidance applicable in criminal trials. The court discussed whether adverse inferences should be drawn due to the absence of evidence from the defendant and associated individuals, eventually concluding that these inferences did not materially influence the determination of certain allegations.

Breach of Court Orders

The court scrutinized the defendant’s compliance with specific court orders, facilitating a granular analysis of alleged breaches. The definition of “assets” under the orders was critical, including whether the defendant retained control or interest in disbursed funds. Detailed examination of these terms was essential for determining whether the defendant’s actions qualified as contempts, basing judgments on evidence and reasonable inferences considering the criminal proof standard.

False Statements

Regarding knowingly false statements, the court looks into whether the defendant knowingly misrepresented facts in affidavits. The examination of this aspect underscores the necessity of truthfulness and accuracy in legal affirmations, reflecting the serious implications of misleading the court.


The judgment finds that the defendant committed contempt of court by breaching a proprietary injunction order, agreeing to the admission of these breaches. However, for the remaining allegations, the court found that the claimants failed to meet the stringent burden of proof required in contempt proceedings. Consequently, no contempt was established regarding the remaining breaches of court orders or the allegations of knowingly making false statements.


The Tonstate Group Limited v Edward Wojakovski case reiterates the sanctity of court orders and the paramount importance of the criminal standard of proof in contempt proceedings. The decision highlights the intricate balance courts must maintain between safeguarding procedural rights, such as the right to silence, and enforcing the rule of law through compliance with court orders. This judgment serves as a detailed precedent on contempt applications, underscoring the rigorous examination required for allegations and inferences within the ambit of judicial discretion. The forthcoming sanction hearing on admitted breaches will further elucidate the consequences of contempt and fortify the obligations of parties within judicial proceedings.

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