Committal for Contempt of Court: 4VVV Limited and others -v- Kewley

Business and Property CourtsCommercial CourtHigh CourtCommittal for Contempt of Court

Claim Number: CL-2021-000051

In the High Court of Justice
Business and Property Courts of England and Wales
Commercial Court

24 June 2024

His Honour Judge Pelling KC

4VVV Limited and others
Derek Kewley


After hearing counsel for the claimant and for the defendant

And after
considering an application by the claimant for an order determining contempt proceedings
reading the evidence filed by the parties and hearing submissions at the hearing of the application or summons

The court being satisfied beyond reasonable doubt that the defendant is guilty of contempt of court in the manner stated in Order of His Honour Judge Pelling KC dated 19 June 2024 (the “Liability Order”)

AND the matters required by Civil Procedure Rule 81.4(2) having been included in the application

It is ordered that:

  1. The defendant be committed to prison for a period of Five months
  2. The committal of the defendant to prison under paragraph 1 above shall be suspended for a period of two years on the condition that the defendant complies with any freezing order made in these proceedings, including (and using the definitions in the Liability Order) the Initial Order, the Continuation Order, the Further Continuation Order and any freezing order made on or after the hand down of judgment following the trial of lead claims in these proceedings. For the avoidance of doubt, compliance with a freezing order for these purposes includes compliance with any ancillary order accompanying the freezing injunction, including any disclosure or notification order and any undertaking provided in connection with a freezing order.
  3. The costs which the defendant is required to pay to the claimants within 21 days of the hearing on 24 June 2024 pursuant to paragraph 2.2 of the Liability Order are summarily assessed in the sum of £68,913.04 including VAT.
  4. The defendant may apply under rule 81.10 of the Civil Procedure Rules 1998 to discharge this order.
  5. The defendant has the right to appeal.
  6. The court before which any appeal must be brought is the Court of Appeal.
  7. The Appellant’s Notice must be filed at the appeal court by 4pm on 15 July 2024
  8. A transcript of the judgment given at this hearing will be published on the website of the judiciary of England and Wales.

    Dated this the 24TH day of June 2024