Haskell v Haskell [2021] EWCA Civ 1295 (20 July 2021)

Haskell v Haskell [2021] EWCA Civ 1295 (20 July 2021)

The Court of Appeal held that Moor J was entitled to conclude, to the criminal standard, that the appellant had the means to pay the £50,000 on 20 February 2020 and had refused or neglected to pay it, justifying the committal order. The evidence supported the finding that the funds were available and that non-payment continued up to the committal hearing.

Citation
[2021] EWCA Civ 1295
Parties
Applicant/respondent: Alesia Vladimirovna Haskell; Appellant: Preston Hampton Haskell IV
Jurisdiction
England and Wales
Judgment Date
20 July 2021
Procedural Posture
Appeal (family Law Committal) / Court of Appeal Judgment on Appeal Against Committal Order
Outcome
Appeal dismissed (extension of time granted but dismissed on merits)
Legal Topics
Committal for Non Payment, Enforcement of Financial Orders, Debtors Act 1869, Judgment Summons Procedure, Trust Funds and Maintenance
Family Law Civil Procedure Committal for Non Payment Enforcement of Financial Orders Debtors Act 1869 Judgment Summons Procedure Trust Funds and Maintenance

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Parties

Alesia Vladimirovna Haskell

Applicant/respondent

Preston Hampton Haskell IV

Appellant

Procedural Posture

Appeal (family Law Committal) / Court of Appeal Judgment on Appeal Against Committal Order

Legal Issues

  1. 1 Whether the judge could be satisfied beyond reasonable doubt that the appellant had the means to pay £50,000 on 20 February 2020 or since, and had refused or neglected to pay it, justifying committal under s.5 Debtors Act 1869.

Ratio Decidendi

The Court of Appeal held that Moor J was entitled to conclude, to the criminal standard, that the appellant had the means to pay the £50,000 on 20 February 2020 and had refused or neglected to pay it, justifying the committal order. The evidence supported the finding that the funds were available and that non-payment continued up to the committal hearing.

Court Disposition

Appeal dismissed (extension of time granted but dismissed on merits)

Orders

  • Appeal dismissed
  • Extension of time to appeal granted