Trott v Trott & Anor [2016] EWFC B35 (29 April 2016)

Trott v Trott & Anor [2016] EWFC B35 (29 April 2016)

Both Andrew Trott and Lisa Trott admitted breaches of court orders amounting to contempt. The court found Lisa Trott's breach crossed the custody threshold but, due to subsequent compliance and personal circumstances, imposed a suspended sentence. Andrew Trott's breaches, particularly the third involving significant funds and repeat conduct, warranted an immediate custodial sentence of three months, not suspended, with all sentences to run concurrently.

Citation
[2016] EWFC B35
Parties
Applicant: Sharon Trott; Respondent: Andrew Trott; Respondent: Lisa Trott
Jurisdiction
England and Wales
Judgment Date
29 April 2016
Procedural Posture
Committal Application Within Financial Remedy Proceedings / Judgment After Hearing of Committal Applications
Outcome
Applications for committal granted; custodial sentences imposed.
Legal Topics
Committal for Contempt, Breach of Court Orders, Financial Remedy Proceedings, Disclosure Obligations
Family Law Contempt of Court Committal for Contempt Breach of Court Orders Financial Remedy Proceedings Disclosure Obligations

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 1 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

Sharon Trott

Applicant

Andrew Trott

Respondent

Lisa Trott

Respondent

Procedural Posture

Committal Application Within Financial Remedy Proceedings / Judgment After Hearing of Committal Applications

Legal Issues

  1. 1 Whether Andrew Trott and Lisa Trott breached court orders within financial remedy proceedings
  2. 2 Whether the breaches warrant committal to prison and if so, whether sentences should be suspended

Ratio Decidendi

Both Andrew Trott and Lisa Trott admitted breaches of court orders amounting to contempt. The court found Lisa Trott's breach crossed the custody threshold but, due to subsequent compliance and personal circumstances, imposed a suspended sentence. Andrew Trott's breaches, particularly the third involving significant funds and repeat conduct, warranted an immediate custodial sentence of three months, not suspended, with all sentences to run concurrently.

Court Disposition

Applications for committal granted; custodial sentences imposed.

Orders

  • Lisa Trott sentenced to 14 days custody, suspended for 12 months on compliance with future orders.
  • Andrew Trott sentenced to three months immediate custody, sentences for each breach to run concurrently.