Davies Battersby: Failure by company to comply with court orders results in terms of imprisonment for directors

В настоящей публикации рассматривается решение английского суда по конкретному делу ADM RICE INC V CORPORACION COMERCIALIZADORA DE GRANOS BASICOS SA and ENRIQUE JOSE DELGADILLO AGUIRRE and VANESSA AUXILIADORA DELGADILLO SACASA[2015]EWHC B1. Решение по указанному спору показало, что неисполнение судебных приказов может повлечь уголовную ответственность директоров компании.

In the case of ADM RICE INC V CORPORACION COMERCIALIZADORA DE GRANOS BASICOS SA and ENRIQUE JOSE DELGADILLO AGUIRRE and VANESSA AUXILIADORA DELGADILLO SACASA[2015]EWHC B1
The claimant obtained six awards in GAFTA arbitrations against the defendant Nicaraguan company but the defendant refused to pay the awards or engage with the claimant. The claimant applied to court for a freezing order including provisions that the defendant must provide details of its assets worldwide in an affidavit. The freezing order contained a penal notice warning the defendant that failure to comply could result in imprisonment. The defendant failed to do so and then the claimant applied for committal proceedings.
The Court decided that the defendant company and two of its directors were in contempt of court for failure to comply with two previous court orders and the directors were sentenced to 18 months imprisonment each as they were responsible for the company’s failure to comply with the orders.
The judge found that the orders had been properly served on the company and its directors but they had not been complied with in any respect.
In the view of the judge, a sentence of 18 months imprisonment was justified on the basis that this was “a blatant case of a complete blanket refusal to comply with court orders in the face of clear evidence that the respondents have wilfully turned their back on the dispute resolution process to which they had previously engaged and have contumaciously ignored the court’s orders”.
The decision illustrates that deliberate breaches of disclosure orders under freezing orders, are considered to be serious and may result in an immediate substantial sentence of imprisonment.

Источник: https://daviesbattersby.wordpress.com/2015/08/07/failure-by-company-to-comply-with-court-orders-results-in-terms-of-imprisonment-for-directors/