Committal for Contempt of Court: Rasheed

Business and Property CourtsProperty, Trusts and Probate ListCommittal for Contempt of Court

Claim No: PT-2021-000277

IN THE HIGH COURT OF JUSTICE
BUSINESS AND PROPERTY COURTS OF ENGLAND AND WALES
PROPERTY, TRUSTS AND PROBATE LIST

IN THE MATTER OF 28 THE WOODFIELDS, SOUTH CROYDON, CR2 0HE
AND IN THE MATTER OF A CHARGING ORDER

Date: 02/03/2022

Between:
(1) SNEHAL DATTANI
(2) JITESH PATEL
-v-
(1) SHAZAAD FAZIL RASHEED
(2) AZEEMA RASHID

NOTE OF FURTHER COMMITTAL HEARING

  1. This was a further hearing, held on 2nd March 2022, in committal proceedings brought by the Claimants against the First Defendant, Shazaad Fazil Rasheed.
  2. At a hearing held on 21st October 2021 the Court found that that the First Defendant was in contempt of court, on the basis that the First Defendant had failed to comply with paragraph 2 of an order of Morgan J made on 31st March 2021, which required the First Defendant to provide certain information to the Claimants’ solicitors within specified periods of time. Sentencing was adjourned to a separate hearing.
  3. At the adjourned hearing, on 10th November 2021, the Court imposed the following penalty on the First Defendant:

(1)        A sentence of imprisonment for two months.

(2)        The sentence to be suspended for a period of one month, conditional upon compliance by the First Defendant, within this period of one month, with his obligations under paragraph 2 of the order of Morgan J.

(3)        Provided that the First Defendant did comply with his obligations under paragraph 2 of the order of Morgan J within the period of one month, so that the sentence remained suspended, the sentence would remain suspended for a further period of 11 months, conditional upon compliance by the First Defendant, during that period of 11 months, with any orders of the Court made in the proceedings between the Claimant and the First Defendant.

(4)        Provided that the sentence remained suspended, and was not activated during the period of 12 months from 10th November 2021, the sentence would be discharged at the end of the period of 12 months.

  1. The further hearing took place for the purposes of determining whether the First Defendant had continued to fail to comply with his obligations under paragraph 2 of the order of Morgan J, and had thereby failed to comply with the conditions for suspension of the sentence of imprisonment.
  2. At the further hearing the Claimants were represented by counsel. The First Defendant appeared in person.
  3. For the reasons set out in a judgment delivered at the conclusion of the further hearing, the Court found that the First Defendant had continued to fail to comply with his obligations under paragraph 2 of the order of Morgan J, and had thereby failed to comply with the conditions for suspension of the sentence of imprisonment.
  4. The Court concluded however, for reasons set out in the same judgment, that the First Defendant should be given a further period of time, until 30th March 2022, within which to comply with his outstanding obligations under paragraph 2 of the order of Morgan J.
  5. The Court therefore made an order, varying the terms of the order of 10th November 2021, pursuant to which the sentence of imprisonment was suspended until 30th March 2022, conditional upon compliance by the First Defendant, by that date, with his outstanding obligations under paragraph 2 of the order of Morgan J, and conditional upon compliance with certain other conditions imposed by the Court.
  6. Assuming compliance by the First Defendant, by 30th March 2022, with the varied conditions for the suspension of the sentence of imprisonment, the sentence of imprisonment will remain suspended, after 30th March 2022, until 10th November 2022, on the same remaining conditions as were set out in the order of 10th November 2021.
  7. The First Defendant was also ordered to pay the Claimants’ costs of the further hearing, summarily assessed in the sum determined by the Court. The First Defendant was also advised of his rights of appeal in respect of the order made at the further hearing.