Cherwayko v Cherwayko

Cherwayko v Cherwayko

The respondent is in contempt of court for failing to comply with the disclosure order of 13th October 2014. However, immediate imprisonment would be disproportionate. The appropriate response is a suspended committal order, with the warrant for arrest and incarceration stayed provided the respondent pays £500,000 and complies fully with the disclosure order by 17th December 2014.

Parties
Applicant: Moya Cherwayko; Respondent: Wade Cherwayko
Jurisdiction
England and Wales
Judgment Date
10 December 2014
Procedural Posture
Family Law Committal Application / Judgment on Application for Committal for Contempt
Outcome
Suspended committal order granted
Legal Topics
Committal for Contempt, Enforcement of Financial Orders, Disclosure Obligations
Family Law Contempt of Court Committal for Contempt Enforcement of Financial Orders Disclosure Obligations

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Parties

Moya Cherwayko

Applicant

Wade Cherwayko

Respondent

Procedural Posture

Family Law Committal Application / Judgment on Application for Committal for Contempt

Legal Issues

  1. 1 Whether the respondent is in contempt of court for failing to comply with a disclosure order
  2. 2 Whether immediate committal to prison is appropriate for the contempt

Ratio Decidendi

The respondent is in contempt of court for failing to comply with the disclosure order of 13th October 2014. However, immediate imprisonment would be disproportionate. The appropriate response is a suspended committal order, with the warrant for arrest and incarceration stayed provided the respondent pays £500,000 and complies fully with the disclosure order by 17th December 2014.

Court Disposition

Suspended committal order granted

Orders

  • Respondent sentenced to six months' imprisonment for contempt, warrant for arrest and incarceration stayed provided he pays £500,000 and complies fully with paragraph 3 of the order of 13th October 2014 by 4 p.m. on 17th December 2014.
  • If an affidavit is filed on 18th December stating non-compliance, the warrant will be executed.