Money v Delaney [2021] EWHC 3513 (Ch) (26 January 2021)

Money v Delaney [2021] EWHC 3513 (Ch) (26 January 2021)

The defendant was personally served with the relevant orders and contempt application, was fully aware of the proceedings, and failed to comply with clear court orders to deliver up files and financial ledgers. No explanation or defence was provided. The breaches are proved to the criminal standard, and the defendant is in contempt of court on both grounds alleged.

Citation
[2021] EWHC 3513 (Ch)
Parties
Claimant: Neil Charles Money; Defendant: Barry Delaney
Jurisdiction
England and Wales
Judgment Date
26 January 2021
Procedural Posture
Contempt Application (committal Proceedings) / Judgment on Liability and Directions for Sentencing
Outcome
Defendant found in contempt of court on two grounds; directions given for enforcement and sentencing.
Legal Topics
Committal for Contempt, Enforcement of Court Orders, Service of Process, Insolvency Practitioner Powers
Civil Procedure Insolvency Contempt of Court Committal for Contempt Enforcement of Court Orders Service of Process Insolvency Practitioner Powers

Case Brief

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Parties

Neil Charles Money

Claimant

Barry Delaney

Defendant

Procedural Posture

Contempt Application (committal Proceedings) / Judgment on Liability and Directions for Sentencing

Legal Issues

  1. 1 Whether the defendant is in contempt of court for failing to comply with court orders to deliver up files and financial ledgers
  2. 2 Whether service of the contempt application and supporting affidavit was valid
  3. 3 Whether the court should proceed in the absence of the defendant

Ratio Decidendi

The defendant was personally served with the relevant orders and contempt application, was fully aware of the proceedings, and failed to comply with clear court orders to deliver up files and financial ledgers. No explanation or defence was provided. The breaches are proved to the criminal standard, and the defendant is in contempt of court on both grounds alleged.

Court Disposition

Defendant found in contempt of court on two grounds; directions given for enforcement and sentencing.

Orders

  • Residential address of defendant to be added to court file for execution of writ of delivery.
  • Bench warrant to be issued to secure defendant's attendance at sentencing hearing.