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ARTICLE · 21 DECEMBER 2023

Save For An Admitted Breach, A Committal Application In Long-running Litigation Has Failed (Tonstate Group Limited And Others V Edward Wojakovski)

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Dispute Resolution analysis: A committal application based on five allegations has succeeded in respect of only one, an allegation that had previously been admitted by the alleged contemnor.

United KingdomLitigation, Mediation & Arbitration

Dispute Resolution analysis: A committal application based on five allegations has succeeded in respect of only one, an allegation that had previously been admitted by the alleged contemnor. The matter now proceeds to a sanction hearing, albeit the severity of such sanction is likely to be substantially lessened by the failure of the application on the bulk of the allegations.

Tonstate Group Limited and others v Wojakovski [2023] EWHC 3119 (Ch)

What are the practical implications of this case?

This is an interesting case in relation to the difficulties faced by parties alleging contempt in the context of freezing injunctions, proprietary injunctions and orders for the disclosure of assets. It emphasises the importance of precision in such an application as regards the scope of the relevant orders in force against the alleged contemnor and the allegations that those orders have been breached. In circumstances in which one allegation has been admitted and the

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