Whether to proceed in the respondent’s absence
Whether to proceed in the respondent’s absence
I then moved on to consider whether it was appropriate to deal with the contempt application in the absence of the respondent. I was addressed by Mr Valentin KC for the applicant. I considered the authorities, and in particular Sanchez v Oboz [2015] EWHC 235 (Fam), and Madison Pacific Trust Ltd v Groza [2024] EWHC 2307 (Comm). Finally, I considered the facts of this case. Then I gave a further extempore judgment, setting out my reasons for proceeding with the application in the respondent’s absence.
- Heading
- INTRODUCTION
- The trial of the Part 8 claim
- The order of 5 April 2022
- The present application
- PROCEDURE
- The respondent’s application for a stay
- The family trust’s application for a stay
- Whether to proceed in the respondent’s absence
- THE CONTEMPT APPLICATION
- Findings
- The law
- Contempt: procedure
- Contempt: substance
- The Proceeds of Crime Act 2002
- Submissions
- The respondent
- Discussion
- Dispensing with personal service
- Service and joinder
- The impact of “false evidence”
- Judicial signature
- Was there any breach of the order?
- Conclusions
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