Frejek v Frejek [2020] EWHC 1181 (Ch) (07 May 2020)

Frejek v Frejek [2020] EWHC 1181 (Ch) (07 May 2020)

The first defendant was found in contempt of court for failing to comply with four specific obligations under a court order relating to the administration of his late mother's estate, after repeated notice and opportunity to respond, and in the absence of any explanation or engagement.

Citation
[2020] EWHC 1181 (Ch)
Parties
Claimant: Andrew Jozef Frejek; First Defendant: Stephen Robert Frejek; Second Defendant: Susan Maria Foote
Jurisdiction
England and Wales
Judgment Date
07 May 2020
Procedural Posture
Committal Application (contempt of Court) / Judgment on Liability for Contempt; Sanction Deferred
Outcome
First defendant found in contempt of court on all four grounds; sanction deferred.
Legal Topics
Executor Removal, Compliance With Court Orders, Alternative Service, Sanctions for Contempt
Probate Contempt of Court Civil Procedure Executor Removal Compliance With Court Orders Alternative Service Sanctions for Contempt

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Parties

Andrew Jozef Frejek

Claimant

Stephen Robert Frejek

First Defendant

Susan Maria Foote

Second Defendant

Procedural Posture

Committal Application (contempt of Court) / Judgment on Liability for Contempt; Sanction Deferred

Legal Issues

  1. 1 Whether the first defendant failed to comply with court orders as executor of the estate
  2. 2 Whether contempt proceedings can proceed in the absence of the respondent
  3. 3 Whether the four specific breaches alleged constitute contempt

Ratio Decidendi

The first defendant was found in contempt of court for failing to comply with four specific obligations under a court order relating to the administration of his late mother's estate, after repeated notice and opportunity to respond, and in the absence of any explanation or engagement.

Court Disposition

First defendant found in contempt of court on all four grounds; sanction deferred.

Orders

  • Bench warrant to be issued for apprehension of first defendant.
  • First defendant to be brought before the court for sentencing.