Hicken v Ellison [2016] EWHC 2791 (Ch) (08 November 2016)

Hicken v Ellison [2016] EWHC 2791 (Ch) (08 November 2016)

Dr Ellison is in contempt of court for failing to comply with the Derrett Order, Carr Order, and Mann Order by not providing full and frank disclosure of his means, assets, and supporting documents as required. The breaches are established to the criminal standard of proof.

Source-derived case information.

Citation
[2016] EWHC 2791 (Ch)
Parties
Applicant: Mr Richard Hicken; Respondent: Dr Clive Malcolm Ellison
Jurisdiction
England and Wales
Judgment Date
08 November 2016
Procedural Posture
Bankruptcy/committal for Contempt / Judgment on Liability for Contempt, Adjourned for Sentencing
Outcome
Application for committal for contempt established; sentencing adjourned.
Legal Topics
Trustee's Powers and Duties, Disclosure Obligations, Freezing Orders, Committal for Contempt, Bankruptcy Discharge, Asset Disclosure
Insolvency Bankruptcy Contempt of Court Trustee's Powers and Duties Disclosure Obligations Freezing Orders Committal for Contempt Bankruptcy Discharge +1 more

Source-derived case record

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Parties

Mr Richard Hicken

Applicant

Dr Clive Malcolm Ellison

Respondent

Procedural Posture

Bankruptcy/committal for Contempt / Judgment on Liability for Contempt, Adjourned for Sentencing

Legal Issues

  1. 1 Whether Dr Ellison breached court orders requiring disclosure of financial information and assets
  2. 2 Whether Dr Ellison is in contempt of court for non-compliance with the Derrett Order, Carr Order, and Mann Order

Ratio Decidendi

Dr Ellison is in contempt of court for failing to comply with the Derrett Order, Carr Order, and Mann Order by not providing full and frank disclosure of his means, assets, and supporting documents as required. The breaches are established to the criminal standard of proof.

Court Disposition

Application for committal for contempt established; sentencing adjourned.

Orders

  • Dr Ellison found in contempt of court for breaches of the Derrett Order, Carr Order, and Mann Order.
  • Judgment to be served on Dr Ellison requiring attendance at adjourned sentencing hearing.