April 15, 2015

Contempt of Court should not be overlooked in civil cases

In the case of Otkritie International Investment Management Ltd and others v Gersamia and another, one party was committed to prison for 20 months after signing a statement of truth for a defence which she could not have believed to be true.

Her “persistent, continued and defiant” conduct persuaded the court to impose a substantial custodial sentence.

The case, which was heard in the High Court last month, highlights the dangers of non-compliance with court orders and knowingly making false disclosure statements.

Parties can sometimes overlook the risks of Contempt, which carries a maximum two year prison sentence.

For more information on litigation matters please visit or email Stewart Wilkinson, Ashok Patel, James Millar-Craig, Chris Rodda and Stephen Welfare.

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