Stevenson v Stevenson [2016] EWFC B114 (11 November 2016)

Mrs Stevenson failed to comply with a clear court order to file and serve form E, and failed to attend court to explain her non-compliance. The appropriate sanction is committal to prison for 28 days, suspended on condition of compliance within 14 days.

Citation: [2016] EWFC B114
Parties: Applicant: John Marshall Stevenson; Respondent: Helen Clare Stevenson
Jurisdiction: England and Wales
Judgment Date: 11 November 2016
Procedural Posture: Application for Committal in Financial Remedy Proceedings / Judgment on Committal Application
Outcome: Committal to prison for 28 days, suspended on condition of compliance; costs order against respondent.
Legal Topics: Committal for Contempt, Non Compliance With Court Orders, Financial Remedy

Family Law Civil Procedure Committal for Contempt Non Compliance With Court Orders Financial Remedy

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Parties

John Marshall Stevenson

Applicant

Helen Clare Stevenson

Respondent

Procedural Posture

Application for Committal in Financial Remedy Proceedings / Judgment on Committal Application

Legal Issues

1 Whether Mrs Stevenson breached the court order to file and serve form E
2 Whether committal to prison is an appropriate sanction for the breach

Ratio Decidendi

Court Disposition

Committal to prison for 28 days, suspended on condition of compliance; costs order against respondent.

Orders

Mrs Stevenson committed to prison for 28 days, suspended on condition she files and serves form E within 14 days of service of the order.
Mrs Stevenson to pay Mr Stevenson's costs assessed at £951.80.