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Committal for Contempt of Court in Open Court at the High Court of Justice: Muaawiya

CLAIM NO: QB-2016-004057

In the High Court of Justice
Queen’s Bench Division

22 January 2020

 

Before:

HHJ Walden-Smith (sitting as a Deputy Judge of the High Court)

Between:

(1) THE ALL ENGLAND LAWN TENNIS CLUB (CHAMPIONSHIPS) LIMITED
(2) THE ALL ENGLAND LAWN TENNIS GROUND

-v-

(1) ISSA HANIF NAKHUDA
(2) ADNAN SHABBIR
(3) MY VIP TICKETS LIMITED
(4) MUHAMMAD JUNAID MUAAWIYA

 


ORDER

UPON THE APPLICATION by the Claimants made by Application Notice dated 18 November 2019 for committal of the Fourth Defendant to prison for disobeying the Order of Senior Master Fontaine sealed on 6 June 2017 (the “Order”)
AND UPON HEARING Mr. Edward Rowntree, Counsel for the Claimants, and David Hughes, Counsel for the Defendant

AND UPON READING the documents set out in Schedule 1 to this Order
AND UPON THE COURT BEING SATISFIED that the Fourth Defendant is guilty of contempt of Court by reason of his admitted breaches of paragraphs 6 (a) and 6 (b) of the Order as follows: He is in breach of:

1. Paragraph 6(a) of the Order in that he has offered or exposed for sale, transferred and/or traded and/or dealt in Non-Transferable Wimbledon Tickets (as defined in the Order).
2. Paragraph 6(a) of the Order in that he has provided and/or arranged the provision by another of Non-Transferable Wimbledon Tickets.
3. Paragraph 6(b) of the Order in that he has offered to buy and/or bought and/or traded and/or dealt in Non-Transferable Wimbledon Tickets.

IT IS ORDERED that:

1. For his contempt the Fourth Defendant stand committed to HM Prison Pentonville for a period of thirteen weeks.
2. The sentence imposed by paragraph 1 of this order shall be suspended for a period of eighteen months.
3. Pursuant to paragraph 14 of the Practice Direction – Committal for Contempt of Court – Open Court, the ex tempore judgment given by HHJ Walden-Smith in the course of the hearing today shall be transcribed and prepared on an expedited basis at public expense.
4. Pursuant to paragraph 15 of the Practice Direction referred to in paragraph 3 immediately above, copies of the transcript of the judgment shall be provided to the parties hereto and the national media via the CopyDirect service. Copies shall also be supplied to BAILII and to the Judicial Office at judicialwebupdates@iudiciary.uk for publication on their websites as soon as reasonably practicable.
5. The Fourth Defendant pay the Claimants costs of the application summarily assessed in the sum of £10,000, such payment to be made by no later than 4pm on Wednesday 5th February 2020.

SERVICE OF THIS ORDER
The Court has provided a sealed copy of this order to the serving party, namely the Claimants, to be served by the Claimants’ solicitors on the Fourth Defendant as soon as possible.
SCHEDULE 1
The Claimants relied on the following evidence:

(1) Application Notice dated 18 November 2019
(2) First Affidavit of Emma Elizabeth Shaw and Exhibit dated 18 November 2019
(3) Claim Form and Particulars of Claim in this action
( 4) Witness Statement of the Fourth Detendant dated 7 July 2016
(5) Order of Senior Master Fontaine sealed on 6 June 2017
(6) Letter of Kerman & Co to Fourth Defendant dated 9 June 2017
(7) Statement of Service of committal application on Fourth Defendant dated 29 November 2019
(8) Affidavit of the Fourth Defendant dated 17 January 2020.
(9) Affidavit of Omar Miah dated 17 January 2020.
(10) The Skeleton Argument on behalf of the Claimants.

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