BL-2021-002235 - [2025] EWHC 2367 (Ch)

I will therefore lean towards mercy, and suspend the sentence of imprisonment for two years, on terms that the respondent does not during that time further breach the injunction of 5 April 2022. I make clear that in my judgment the true construction and scope of the injunction extends to not saying or doing anything to cast any doubt on the full validity on the applicant’s ownership of the shares.

Accordingly, for the purposes of my order, it is an express condition of the suspension of the custodial sentence that the respondent does and says nothing (apart from anything said in good faith in the court documents in and for the purposes of the claim issued on 9 September 2025) to cast any doubt whatever on the full validity of the applicant’s legal and beneficial title to the shares, unless and until the order of 5 April 2025 is set aside.

I remind the respondent that, if he breaches the conditions which I have attached, he will go to prison not only under my activated sentence, but he will also be liable to a further sentence for the new offence as well. And it is beyond certain that the court will not look kindly on a recidivist contemnor.

The applicant made an application for its costs of the contempt application, for which purpose it filed and served a costs schedule. That application is summarised at [28]-[29] of the applicant’s skeleton argument. So far as I can see, the respondent did not deal with costs in any of his written submissions. I will give him an opportunity to do so. The applicant in the contempt application has in its latest written submission sought its costs of dealing with the respondent’s application of 9 September 2025, though it has not yet served a costs schedule.

I will decide all the costs applications on paper, taking account of (i) any further costs schedule filed and served by 4 pm on 19 September 2025, (ii) any written submission from the respondent filed and served by 4 pm on 24 September 2025, and (iii) any reply submission from the applicant filed and served by 4 pm on 26 September 2025.

I will also order a transcript to be made of my rulings at the public expense, so that they can be placed on the public website, as is usual in contempt of court cases. I remind the respondent that he is entitled to appeal to the Court of Appeal, in accordance with the provisions of CPR Part 52, without the need for permission to appeal: CPR rule 52.3(1)(a)(i).