Re Bramblevale Ltd (Note)
| Jurisdiction | England & Wales |
| Judge | THE MASTER OF THE ROLLS,LORD JUSTICE WINN,LORD JUSTICE CROSS |
| Judgment Date | 21 July 1969 |
| Judgment citation (vLex) | [1969] EWCA Civ J0721-3 |
| Date | 21 July 1969 |
| Court | Court of Appeal (Civil Division) |
Appeal of Mr. Hamilton from judgment of Mr. Justice Megarry on 2nd July, 1969
[1969] EWCA Civ J0721-3
The Master of The Rolls (Lord Denning)
Lord Justice Winn and
Lord Justice Cross.
In The Supreme Court of Judicature
Court of Appeal
Mr. DAVID LOWE (instructed by Messrs. Smiles & Co.) appeared on behalf of Mr. Hamilton Appellant.
Mr. SAMUEL STAMLER (instructed by Messrs. Lovell White & King) appeared on behalf of the Respondent, the Liquidator of the Company.
Mr. Hamilton was the managing director of a property company called Bremblevale Ltd. It was put into a creditors' voluntary winding-up and a liquidator was appointed. The liquidator asked Mr. Hamilton for the books and papers of the company. On the 24th August, 1967, Mr. Hamilton replied: "Due to the holiday period I shall not be able to let you have the Company's books till Sept, 5th." A little later he wrote: "The Books will be in your hands not later than 9 a.m. Wednesday 6th Sept, 1967." Some papers were forthcoming, but not all. On the 25th October of 1967 Mr. Hamilton was involved in a motor accident. His car was hit in the back by an articulated vehicle. On the 15th December, 1967, the solicitors for the liquidator wrote to Mr. Hamilton again about the company's books and papers. Still they were not produced; they were not forthcoming. On the 15th October of 1968 the liquidator took out a summons for the books and papers. It was heard on the 22nd October, 1968, by the Registrar of the Companies Court. Mr. Hamilton attended in person. He told the Registrar that he did not object to producing the books, but that the books were non-existent because of the car of ash in October 1967: that the books were saturated in petrol and oil and had been thrown away. He said that he had not produced the books earlier because the liquidator had told him there was no hurry. On the 19th November of 1968 the Registrar, not being satisfied with Mr. Hamilton explanation, ordered Mr. Hamilton "within seven days to produce to the liquidator and make available for inspection at Almo House, Rodney Road, Cheltenham the books of account and all similar papers and documents of the company to the liquidator." Seven days elapsed. Mr. Hamilton did not produce anything within that time. But he did produce from time to time over the next few months some counterfoil stubs, paying-in books and other papers. The delay in producing them was itself a contempt of Court, but I do not pause to comment upon it. The important thing is the books. He never produced two books: the cash book and the creditors ledger.
In May 1969 a summons was taken out asking for him to be committed to prison for contempt of Court for not producing the books in accordance with the Registrar's Order on the 19th November, 1968. It came before Mr. Justice Megarry in June 1969. Mr. Hamilton made an affidavit and was cross-examined on it. He said that he had had these two particular books, the cash book and the creditors ledger, in his possession since the 24th October of 1967; that they were in the boot of his car; they got soaked in petrol; the police had come along and removed the books; and that the books had found their way into the dustbin. If that story were true, he would not be guilty of contempt; because the books would not have been in his possession or control in November 1968 when the Registrar made his Order. But Mr. Justice Megarry did not believe Mr. Hamilton. He thought it was a cook and bull story. The Judge formed the conclusion that Mr. Hamilton kept the books after the accident on the 24th October 1967 and still had them on the 19th November of 1968 (when the Registrar made his Order) and also on the 26th November, 1968 (which was the latest time for delivering them up). The Judge found that Mr. Hamilton was guilty of contempt of Court. He committed him to prison for an indefinite time. The Judge had the praiseworthy object of inducing Mr. Hamilton to produce the books.
On the 2nd July, 1969, Mr. Hamilton applied to be released from prison. The Judge refused to release him....
To continue reading
Request your trial
- Asia Pacific Parcel Tankers Pte Ltd v The Owners of The Ship or Vessel ""Normar Splendour"" (LR No 8203804)
- Zainur bin Zakaria v Public Prosecutor
- Lai Yoke Ngan and Another v Chin Teck Kwee and Another
- MBf Holdings Bhd and Another and another appeal; Wee Choo Keong
-
The burden of proof in market abuse cases
...R (on the Application of McCann) v. Crown Court at Manchester [2003] 1 AC 787 onanti-social behaviour orders.15. Re Bramblevale Ltd [1970] Ch 128 CA, Percy v. DPP [1995] 1 WLR 1382 DC and R (on theApplication of McCann) v. Manchester Crown Court [2002] UKHL 39.16. [2002] UKHL 39, [2003] 1 A......
-
Preliminary sections
...Aluko (No. 2) (1992) 2 N.W.L.R. 376……….........................................................................….111 Re: Bramblevale Ltd. (1970) Ch. 128; (1969) 3 All E.R. 1062 C.A……...................................…..552 Re: Effong Okon Ata (1930) 10 N.L.R. 65………...............................
-
The Limits of Prohibition: A Cloud over Compliance
...(1986) 1 AC 717. (6) See Uxbridge Budding Society v Pickard (1939) 2 KB 248. (7) See, for example, Lord Denning MR in Re Bramblevale Ltd (1970) Ch. 128 (8) See Lennard's Carrying Co Ltd v Asiatic Petroleum Co Ltd (1915) AC 705. (9) But see Al Ajou v Dollar Land Holdings plc (1994) 2 All ER ......
-
English Contract Law and the Efficient Breach Theory
...n Civil Law Cou ntries’, 24 International R eview of Law and Econom ics (2004), p.473, 483–484 .78 Re BramblevaleLtd [1970] Ch. 128, [1969] 3 All ER 1062 at p.137 and 1063 respe Tare q Al -Tawil414 22 MJ 3 (2015)Surely, breaching a contract is a wrong, but it is a low-intensity wrong shou......