The Supreme Court have brought to an end, a long running committal cases, between Nobu Su, and Lakatamia Shipping Company Limited, heard before the High Court between the issue of the application on the 27 March 2020 and the refusal of permission to appeal to the Supreme Court on the 29 October 2021.
The case first came before the Court on the 3 April 2021, before Mr Justice Foxton, to deal with expedition, and other matters 3 April 2020 . The Committal application continued, with an agreed amendment in May 2020, bring in further allegations.
Mr Su, declared himself bankrupt, and the process of collection of his debts started.
In October 2020, Mr Su was back before the Court in relation to the underlying civil case. Mrs Justice Cockrill described "Mr Su's name will be familiar to any student of modern commercial litigation. He is a gentleman who has gone by various names over the years, including Nobu Su, Su Hsin Chi and Nobu Morimoto. Over the past 10 years Mr Su has been embroiled in a substantial number of civil court proceedings in England and Wales and elsewhere." That judgement described the long and embattled history between Mr Su and the Claimants 30 October 2020
In December 2020, a further amendment, the second was sought. The matter came before Mr Justice Calver, and permission was granted to add the further allegations. 11 December 2020
On the 1 April 2021 on review Deputy ICC Judge Passfield determined that Mr Su was within the Jurisdiction such that he could claim to be bankrupt.
In April 2021, it came before Sir Michael Burton, who dealt with issues relating to continuation of the passporting orders, in light of Mr Su, then being found to be bankrupt. 15 April 2021
In June 2021 Mr Su admitted to the contempts, and sought that he was sentenced at the further hearing of the matter.
In July 2021 Mrs Justice Bacon determined that Mr Su was not within the jurisdiction for the purpose of bankruptcy, and so determined that his bankruptcy would be annulled. 1 July 2021
on the 7 July 2021, Mr Su having admitted the contempt's, came back before Sir Michael Burton, for the third time to be sentenced. On this occasion Sir Michael determined that the proper sentence for Mr Su, was the maximum sentence of two years of imprisonment, despite mitigation and a guilty plea. 7 July 2021
That sentence was widely reported in the Daily Mail and other newspapers
Mr Su appealed to the Court of Appeal on the 8 September 2021, for an appeal before Lady Justice Carr and Lord Justice Arnold, that appeal upheld the sentence, on the basis that it was an exceptional case, and as such despite there being mitigation, a maximum sentence could still be applied. Permission to appeal was refused but it was certified as a point of public importance. 15 September 2021
On the 29 October 2021, the Supreme Court refused permission to appeal bring to an end the litigation in respect to committal. There will no doubt be considerable on going issues relating to the debt and other matters.
Adam is a solicitor advocate, and regularly appears in the High Court and Court of Appeal dealing with some of the most complex and interesting public law cases.