Dhillon v Sampuran [2021] EWFC B49 (16 April 2021)

Dhillon v Sampuran [2021] EWFC B49 (16 April 2021)

The husband has had the means to pay the outstanding lump sum since 1 August 2019, has refused or neglected to pay, and has engaged in aggravating conduct including delay and possible dissipation of assets. A four-week custodial sentence, suspended for fourteen days, is necessary and appropriate to enforce compliance with the order.

Citation
[2021] EWFC B49
Parties
Judgment Creditor / Wife: Dr Ekanjali Dhillon; Judgment Debtor / Husband: Mr Kavendeep Sampuran
Jurisdiction
England and Wales
Judgment Date
16 April 2021
Procedural Posture
Judgment Summons (enforcement of Financial Remedy Order) / Sentencing After Finding of Default
Outcome
Four weeks' immediate imprisonment suspended for fourteen days to enable compliance with the order.
Legal Topics
Financial Remedies, Committal for Non Payment, Suspended Imprisonment, Interest on Judgments, Costs Orders
Family Law Enforcement of Judgments Financial Remedies Committal for Non Payment Suspended Imprisonment Interest on Judgments Costs Orders

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Parties

Dr Ekanjali Dhillon

Judgment Creditor / Wife

Mr Kavendeep Sampuran

Judgment Debtor / Husband

Procedural Posture

Judgment Summons (enforcement of Financial Remedy Order) / Sentencing After Finding of Default

Legal Issues

  1. 1 Whether the husband has had the means to pay the lump sum and has refused or neglected to do so
  2. 2 Whether a custodial sentence (suspended or otherwise) is appropriate for enforcement of the order
  3. 3 Whether interest and certain costs orders can be included in the sum enforceable by committal

Ratio Decidendi

The husband has had the means to pay the outstanding lump sum since 1 August 2019, has refused or neglected to pay, and has engaged in aggravating conduct including delay and possible dissipation of assets. A four-week custodial sentence, suspended for fourteen days, is necessary and appropriate to enforce compliance with the order.

Court Disposition

Four weeks' immediate imprisonment suspended for fourteen days to enable compliance with the order.

Orders

  • Husband to pay £215,000 (second instalment of lump sum) plus £29,404.93 interest and costs as specified.
  • Suspended committal order for four weeks, suspended for fourteen days.