Hart v Hart

Hart v Hart

Mr Hart persistently and deliberately breached his undertaking and enforcement orders by failing to provide essential company records and information, despite having the power to do so, thereby committing serious contempt of court.

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
Committal Application in Enforcement of Financial Remedies Order / Judgment on Contempt, Adjourned for Sentencing
Outcome
Mr Hart found in serious contempt of court for persistent breaches of undertaking and enforcement orders; judgment adjourned for sentencing.
Legal Topics
Contempt of Court, Enforcement of Financial Orders, Disclosure Obligations, Undertakings, Company Records, Divorce Proceedings
Family Law Civil Procedure Company Law Contempt of Court Enforcement of Financial Orders Disclosure Obligations Undertakings Company Records +1 more

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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

Committal Application in Enforcement of Financial Remedies Order / Judgment on Contempt, Adjourned for Sentencing

Legal Issues

  1. 1 Whether Mr Hart breached his undertaking and enforcement orders by failing to provide company records and information necessary for Mrs Hart to manage Drakestown Properties Ltd
  2. 2 Whether the breaches amount to contempt of court
  3. 3 Whether the Respondents had the power to comply with the orders

Ratio Decidendi

Mr Hart persistently and deliberately breached his undertaking and enforcement orders by failing to provide essential company records and information, despite having the power to do so, thereby committing serious contempt of court.

Court Disposition

Mr Hart found in serious contempt of court for persistent breaches of undertaking and enforcement orders; judgment adjourned for sentencing.

Orders

  • Mr Hart to pay costs of committal proceedings.
  • Adjournment for submissions on sentence and positions of Mrs Byrne and Halesowen Estates Ltd.