Field v Del Vecchio [2022] EWHC 1117 (Ch) (23 March 2022)

Field v Del Vecchio [2022] EWHC 1117 (Ch) (23 March 2022)

Personal service was validly effected by the process server pushing the documents through the letterbox while the defendant was present and aware of their nature, satisfying the requirements for contempt proceedings. The claimant is entitled to judgment in default, delivery-up of goods, and an order requiring the defendant to provide information as to the whereabouts of assets. Costs are awarded on the indemnity basis due to the defendant's non-cooperation.

Citation
[2022] EWHC 1117 (Ch)
Parties
Claimant: Howard Field (as administrator of the estate of Douglas Field, deceased); Defendant: Giovanni Del Vecchio
Jurisdiction
England and Wales
Judgment Date
23 March 2022
Procedural Posture
Civil (property, Trusts and Probate) / Judgment on Application for Contempt, Default Judgment, and Costs
Outcome
Judgment for the claimant. Orders for delivery-up, provision of information, and indemnity costs.
Legal Topics
Contempt of Court, Wrongful Interference With Goods, Personal Service of Court Documents, Delivery Up Orders, Costs Assessment
Civil Procedure Trusts and Estates Property Law Contempt of Court Wrongful Interference With Goods Personal Service of Court Documents Delivery Up Orders Costs Assessment

Case Brief

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Parties

Howard Field (as administrator of the estate of Douglas Field, deceased)

Claimant

Giovanni Del Vecchio

Defendant

Procedural Posture

Civil (property, Trusts and Probate) / Judgment on Application for Contempt, Default Judgment, and Costs

Legal Issues

  1. 1 Whether personal service of the order for delivery-up was validly effected on the defendant for contempt purposes
  2. 2 Whether the court should proceed in the absence of the defendant and/or issue a bench warrant
  3. 3 Whether the claimant is entitled to judgment in default and delivery-up of goods

Ratio Decidendi

Personal service was validly effected by the process server pushing the documents through the letterbox while the defendant was present and aware of their nature, satisfying the requirements for contempt proceedings. The claimant is entitled to judgment in default, delivery-up of goods, and an order requiring the defendant to provide information as to the whereabouts of assets. Costs are awarded on the indemnity basis due to the defendant's non-cooperation.

Court Disposition

Judgment for the claimant. Orders for delivery-up, provision of information, and indemnity costs.

Orders

  • Immediate delivery-up to the claimant of personal possessions of the deceased under the defendant's control
  • Defendant to provide information as to the whereabouts of assets within 14 days