Hart v Hart [2018] EWHC 548 (Fam) (23 February 2018)

Hart v Hart [2018] EWHC 548 (Fam) (23 February 2018)

Mr Hart was in clear, deliberate, and sustained breach of his undertaking and subsequent court orders to provide information and documentation necessary for Mrs Hart to manage Drakestown Properties Ltd. The breaches were within his power to remedy, and his explanations were rejected as untruthful. The court was...

Source-derived case information.

Citation
[2018] EWHC 548 (Fam)
Parties
Applicant: Karen Jayne Hart; 1st Respondent: John Ralph Hart; 2nd Respondent: Brondesbury Limited; 3rd Respondent: Susan Byrne; 4th Respondent: Halesowen Estates Limited
Jurisdiction
England and Wales
Judgment Date
23 February 2018
Procedural Posture
Family/committal (enforcement of Financial Remedy Order) / Judgment on Committal Application (contempt of Court)
Outcome
Mr Hart found in contempt of court for breaches of undertaking and enforcement orders.
Legal Topics
Committal for Contempt, Enforcement of Financial Orders, Disclosure Obligations, Undertakings in Court Orders
Family Law Contempt of Court Enforcement of Judgments Committal for Contempt Enforcement of Financial Orders Disclosure Obligations Undertakings in Court Orders

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Parties

Karen Jayne Hart

Applicant

John Ralph Hart

1st Respondent

Brondesbury Limited

2nd Respondent

Susan Byrne

3rd Respondent

Halesowen Estates Limited

4th Respondent

Procedural Posture

Family/committal (enforcement of Financial Remedy Order) / Judgment on Committal Application (contempt of Court)

Legal Issues

  1. 1 Whether Mr Hart breached his undertaking and subsequent court orders to provide information and documentation necessary for Mrs Hart to manage Drakestown Properties Ltd
  2. 2 Whether Mr Hart's breaches amount to contempt of court

Ratio Decidendi

Mr Hart was in clear, deliberate, and sustained breach of his undertaking and subsequent court orders to provide information and documentation necessary for Mrs Hart to manage Drakestown Properties Ltd. The breaches were within his power to remedy, and his explanations were rejected as untruthful. The court was sure, to the criminal standard, that Mr Hart was in contempt of court.

Court Disposition

Mr Hart found in contempt of court for breaches of undertaking and enforcement orders.

Orders

  • Committal order against Mr Hart (sentence to be determined)
  • Adjournment of issues relating to Mrs Byrne and Halesowen Estates Ltd