30/01/2023

High Court hands down lengthy prison sentence for director’s contempts of court

Last week, Cockerill J handed down judgment in ADM v GHI & others [2023] EWHC 135 (Comm), a committal application brought by the claimant in its attempts to enforce a multi-million dollar debt owed under a GAFTA arbitration award that has gone unpaid since July 2018. The decision clarifies, amongst other things, that references to value in a freezing or disclosure order is to be understood as meaning ‘unencumbered value’.

The Judge held that the First Defendant, GHI, a Moroccan grain company, was in contempt of court by reason of its breaches of a worldwide freezing order and disclosure orders, and that its CEO, Mr Boutgueray, was responsible for those contempts as an officer of GHI. The Judge sentenced Mr Boutgueray to an immediate 12 month custodial sentence, to run concurrently with a six month sentence in respect of a further contempt. GHI itself was fined £75,000.

Lawrence Akka KC and Patrick Dunn-Walsh acted for ADM.

Read the judgment.