During a lengthy matrimonial trial, the applicant alleged that the respondent's former counsel, SimpsonWigle LLP, breached a Mareva injunction by receiving payments from frozen offshore companies.
The parties agreed to defer the contempt hearing against the law firm until after the trial judgment.
At the commencement of the contempt hearing, the law firm brought a motion to dismiss, arguing the court lacked jurisdiction because the Mareva order was no longer live and operative.
The court dismissed the motion, finding no requirement in law that an order must be live and operative when a contempt motion is brought or a finding is made, particularly where the purpose is to address a deliberate breach rather than to coerce compliance.