Order dated 4th July 2019:
IN THE HIGH COURT OF JUSTICE
BUSINESS AND PROPERTY COURTS OF ENGLAND AND
WALES
BUSINESS LIST (ChD)
Before the Honourable Mr Justice A*****
Dated 4 July 2019
BL-2018-******
BETWEEN:
FUNDINGSECURE LTD
Claimant
and
MR G****
Defendant
ORDER
UPON the application by the Claimant made by application notice dated 5
December 2018 for committal of the Defendant to prison for disobeying the Order
of Mr Justice B****** dated 24 July 2018 (“the B****** Order”) and the Order of
Mr Justice Z******* dated 3 October 2018 (“the Z******* Order”);
AND UPON the Orders made by Mr Justice A***** on 13 February 2019 and 5
March 2019;
AND UPON the Defendant submitting to cross-examination on his assets on 4 July
2019 before Mr Justice A***** by video link,
AND UPON HEARING Mr *TG Q.C. and Mr *TL instructed by
*WM LLP for the Claimant; and Mr *MH instructed by *RH & Co. for the Defendant;
IT IS ORDERED THAT:
1. Paragraphs 1, 2 and 3 of the Order of Mr Justice A***** dated 5 March 2019
are revoked.
2. The Claimant’s committal application is adjourned to be heard on the first
convenient date after 1 October 2019, with a time estimate of 2 hours and
reserved to Mr Justice A*****, for the Court to consider the question of
sentence. The date shall be fixed by the Court having consulted the parties’
legal representatives.
3. At any time before that hearing, the Claimant (a) may apply to restore the
committal hearing on 24 hours’ notice to the Defendant; and (b) may apply
without notice to issue a bench warrant for the Defendant’s arrest. If such an
application is made between 1 August and 30 September 2019 it shall be
treated as urgent vacation business.
4. The costs of today’s cross-examination hearing shall be dealt with in
accordance with paragraphs 5 and 6 of the Order dated 5 March 2019.
5. This Order may be served on the Defendant by first-class post to *RH
& Co. Solicitors.
The court has provided a sealed copy of this order to the Claimant’s legal
representatives: ***, Leeds