CHANCERY DIVISION
BUSINESS AND PROPERTY COURTS OF ENGLAND AND WALES
PROPERTY TRUSTS AND PROBATE (ChD)
Fetter Lane, London, EC4A 1NL |
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B e f o r e :
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MUHAMMMAD WARIS SALEEMI |
Claimant |
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- and - |
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ASIF PARVEZ |
Defendant |
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The Defendant did not appear and was not represented
Hearing date: 28 May 2025
Extempore judgment: 28 May 2025 (transcribed 30 May 2025)
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HTML VERSION OF JUDGMENT APPROVED
Crown Copyright ©
Mr David Halpern KC :
The facts
"1. The Defendant shall, within 21 days of being served with this Order, send to the Court and to the Claimant an account of his dealing with the estate of Leonard John Darlow deceased, such account to be accompanied by all necessary receipts, vouchers and documentary evidence showing his dealings in relation to the estate, and verified by a witness statement supported by a statement of truth".
"3. If the Defendant fails to comply with paragraph 1 above, the Defendant shall, within 28 days of being served with this Order, pay to the Claimant the sum of £138,201, being the sum set out in the estate accounts provided by Falcon Solicitors, which accounts are signed by the Defendant but are undated".
"I write to inform you that attempts were made to execute the Warrant of Arrest against Mr Parvez at; 25 Giliat Road, Slough, Berkshire, SL1 3QXMr Parvez was not at the property when Tipstaff attended. The occupants are Mr & Mrs Shafi, their son lives there with them, his name is Ubaid Shafi. They stated Mr Parvez has not been at that property for over three years. Mr & Mrs Shafi, and their son have rented that property for three years.
They have received post before for Mr Parvez before but returned it as (Return to Sender). Further to this a gentleman showed about 6-7 months ago, asking the owns to sign for a grey/silver envelope with what appeared to be documents inside, they explained Mr Parvez dose not live there, and they did not sign for the envelope.
It has been established that Mr Parvez possibly no longer resides at the address, the current occupants are Mr & Mrs Shafi, they do not have a forwarding address for him."
Should I hear the Application in D's absence?
"Just to let you know our agent attended the address twice yesterday. The first occasion was at approximately 15.40 pm and no-one was at home at the address. He then returned later that evening and has reported the following:'Officer attended again this evening at 19:50hrs. Female stated he has left property and not heard from him. he made enquires of the neighbour who believe she is his family member and he is there but hasn't seen him this week. He left his number with the neighbour who is going to call him if he see's him back there.' "
Has contempt been established?
"A person is guilty of contempt by breach of an Order only if all the following factors are proved to the relevant standard: (a) having received notice of the Order the contemnor did an act prohibited by the Order or failed to do an act required by the Order within the time set by the Order; (b) he intended to do the act or failed to do the act as the case may be; (c) he had knowledge of all the facts which would make the carrying out of the prohibited act or the omission to do the required act a breach of the Order. The act constituting the breach must be deliberate rather than merely inadvertent, but an intention to commit a breach is not necessary, although intention or lack of intention to flout the Court's Order is relevant to penalty."
"… once knowledge of the Order is proved, and once it is proved that the contemnor knew that he was doing or omitting to do certain things, then it is not necessary for the contemnor to know that his actions put him in breach of the Order; it is enough that as a matter of fact and law, they do so put him in breach."
Should I proceed to sentence?