Thursfield v Thursfield [2012] EWHC 3621 (Ch) (09 November 2012)

The defendant is in contempt of court for deliberate and substantial non-compliance with disclosure orders regarding the source of litigation funding and the disposition of significant assets, with inadequate and unsupported explanations, justifying a punitive and coercive custodial sentence.

Citation: [2012] EWHC 3621 (Ch)
Parties: Claimant: Linda Thursfield; Defendant: David Thursfield
Jurisdiction: England and Wales
Judgment Date: 09 November 2012
Procedural Posture: Application for Committal for Contempt of Court / Judgment on Committal Application
Outcome: Application for committal granted; defendant found in contempt of court.
Legal Topics: Committal for Contempt, Disclosure of Assets, Enforcement of Foreign Judgments, Non Compliance With Court Orders

Family Law Civil Procedure Contempt of Court Committal for Contempt Disclosure of Assets Enforcement of Foreign Judgments Non Compliance With Court Orders

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Parties

Linda Thursfield

Claimant

David Thursfield

Defendant

Procedural Posture

Application for Committal for Contempt of Court / Judgment on Committal Application

Legal Issues

1 Whether the defendant is in contempt of court for failing to comply with disclosure orders regarding assets and funding of litigation
2 Whether the defendant's explanations and evidence satisfy the requirements of the court's previous orders

Ratio Decidendi

Court Disposition

Application for committal granted; defendant found in contempt of court.

Orders

Defendant sentenced to twelve months' imprisonment as punishment for contempt.
A further period up to the maximum of two years imposed as a coercive measure to encourage compliance.