Dickason v Dickason

Dickason v Dickason

The respondent was ordered to pay periodical payments, has defaulted since April 2023, has had the means to pay, and has wilfully refused to do so. The court is satisfied beyond reasonable doubt of these elements and, given the respondent's persistent non-attendance and lack of engagement, orders a suspended committal to prison for 14 days, suspended on condition of payment of the outstanding sum within 28 days.

Parties
Applicant: Mrs Dickason; Respondent: Mr Dickason
Jurisdiction
England and Wales
Judgment Date
14 October 2024
Procedural Posture
Judgment Summons (family/financial Remedy Enforcement) / Judgment on Application for Committal for Contempt and Enforcement of Periodical Payments
Outcome
Order for suspended committal to prison for 14 days, suspended on condition of payment; interim third-party debt order made.
Legal Topics
Committal for Contempt, Enforcement of Periodical Payments, Third Party Debt Orders, Non Attendance of Respondent
Family Law Enforcement of Judgments Committal for Contempt Enforcement of Periodical Payments Third Party Debt Orders Non Attendance of Respondent

Case Brief

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Parties

Mrs Dickason

Applicant

Mr Dickason

Respondent

Procedural Posture

Judgment Summons (family/financial Remedy Enforcement) / Judgment on Application for Committal for Contempt and Enforcement of Periodical Payments

Legal Issues

  1. 1 Whether the respondent has failed to comply with a court order for periodical payments
  2. 2 Whether the respondent has had the means to pay and has wilfully refused or neglected to do so
  3. 3 Whether the court should proceed in the respondent's absence

Ratio Decidendi

The respondent was ordered to pay periodical payments, has defaulted since April 2023, has had the means to pay, and has wilfully refused to do so. The court is satisfied beyond reasonable doubt of these elements and, given the respondent's persistent non-attendance and lack of engagement, orders a suspended committal to prison for 14 days, suspended on condition of payment of the outstanding sum within 28 days.

Court Disposition

Order for suspended committal to prison for 14 days, suspended on condition of payment; interim third-party debt order made.

Orders

  • Mr Dickason is committed to prison for 14 days, suspended on condition he pays £24,163 to Mrs Dickason by 4.00pm on 24 September 2024.
  • If payment is not made, the applicant may apply for the suspension to be lifted and committal to become effective.