Frank Eric Hersman v Alexandra Caroline De Verchere

Frank Eric Hersman v Alexandra Caroline De Verchere

The Wife's deliberate breaches of court orders entitle the Husband to compensation for lost rental profits and mortgage surcharges post-February 2023; the court has jurisdiction to enforce and work out prior financial remedy orders; indemnity for mortgage liability is not appropriate; injunction against denigration...

Source-derived case information.

Parties
Applicant: Frank Eric Hersman; Respondent: Alexandra Caroline De Verchere
Jurisdiction
England and Wales
Judgment Date
22 April 2024
Procedural Posture
Cross Applications for Enforcement of Financial Remedy Order / Final Judgment
Outcome
Judgment for the Applicant; Respondent's application dismissed.
Legal Topics
Financial Remedies, Contempt of Court, Injunctions, Property Transfer, Mortgage Liability
Family Law Enforcement of Judgments Financial Remedies Contempt of Court Injunctions Property Transfer Mortgage Liability

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Parties

Frank Eric Hersman

Applicant

Alexandra Caroline De Verchere

Respondent

Procedural Posture

Cross Applications for Enforcement of Financial Remedy Order / Final Judgment

Legal Issues

  1. 1 Whether the Wife breached court orders regarding property transfer and rental income
  2. 2 Entitlement to compensation for losses caused by breach
  3. 3 Jurisdiction to enforce and work out prior financial remedy orders

Ratio Decidendi

The Wife's deliberate breaches of court orders entitle the Husband to compensation for lost rental profits and mortgage surcharges post-February 2023; the court has jurisdiction to enforce and work out prior financial remedy orders; indemnity for mortgage liability is not appropriate; injunction against denigration is granted.

Court Disposition

Judgment for the Applicant; Respondent's application dismissed.

Orders

  • Respondent to pay Applicant £2,353,000 in compensation for lost profits and mortgage surcharges.
  • Applicant's liability to pay lump sum of £709,707 to Respondent is declared satisfied in full.