Hicken v Ellison

Hicken v Ellison

Dr Ellison is in contempt of court for failing to comply with the Derrett Order, Carr Order, and Mann Order by not providing a detailed witness statement of means, failing to disclose all assets and sources of income, not providing supporting documents and tax returns, and not swearing and serving affidavits as required. The breaches are established to the criminal standard of proof.

Parties
Applicant / Trustee in Bankruptcy: Mr Richard Hicken; Respondent / Bankrupt: Dr Clive Malcolm Ellison
Jurisdiction
England and Wales
Judgment Date
08 November 2016
Procedural Posture
Bankruptcy / Committal for Contempt / Judgment on Application for Committal (liability Only, Sentence Adjourned)
Outcome
Application for committal for contempt allowed; sentencing adjourned.
Legal Topics
Trustee's Powers and Duties, Disclosure Orders, Committal for Contempt, Asset Disclosure, Freezing Orders
Bankruptcy Civil Procedure Contempt of Court Trustee's Powers and Duties Disclosure Orders Committal for Contempt Asset Disclosure Freezing Orders

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Parties

Mr Richard Hicken

Applicant / Trustee in Bankruptcy

Dr Clive Malcolm Ellison

Respondent / Bankrupt

Procedural Posture

Bankruptcy / Committal for Contempt / Judgment on Application for Committal (liability Only, Sentence Adjourned)

Legal Issues

  1. 1 Whether Dr Ellison breached court orders requiring disclosure of financial information and provision of affidavits
  2. 2 Whether Dr Ellison is in contempt of court for non-compliance with the Derrett Order, Carr Order, and Mann Order

Ratio Decidendi

Dr Ellison is in contempt of court for failing to comply with the Derrett Order, Carr Order, and Mann Order by not providing a detailed witness statement of means, failing to disclose all assets and sources of income, not providing supporting documents and tax returns, and not swearing and serving affidavits as required. The breaches are established to the criminal standard of proof.

Court Disposition

Application for committal for contempt allowed; sentencing adjourned.

Orders

  • Dr Ellison found in contempt of court for breaches of the Derrett Order, Carr Order, and Mann Order.
  • Sentencing adjourned; Dr Ellison to be served with judgment and required to attend sentencing hearing.