WJB v HJM

WJB v HJM

The respondent is in deliberate and continuing contempt of court by failing to pay maintenance and costs, and by failing to attend hearings and comply with disclosure orders. This contempt impedes the course of justice as the applicant cannot fund legal representation or living expenses. There is no other effective remedy due to the respondent's residence abroad and lack of assets in the jurisdiction. The Hadkinson order is necessary and proportionate. The respondent's application to vary is not based on inability to pay, and enforcement should not be stayed. The applicant is entitled to costs due to the respondent's litigation conduct.

Parties
Applicant: WJB; Respondent: HJM
Jurisdiction
England and Wales
Judgment Date
31 May 2024
Procedural Posture
Family / Judgment on Application for Hadkinson Order and Costs
Outcome
Hadkinson order granted; costs awarded to applicant
Legal Topics
Enforcement of Financial Orders, Hadkinson Order, Maintenance Arrears, Costs
Family Law Enforcement of Financial Orders Hadkinson Order Maintenance Arrears Costs

Case Brief

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Parties

WJB

Applicant

HJM

Respondent

Procedural Posture

Family / Judgment on Application for Hadkinson Order and Costs

Legal Issues

  1. 1 Whether a Hadkinson order should be made against the respondent for non-compliance with maintenance and costs orders
  2. 2 Whether the respondent's application to vary should be stayed pending payment of arrears and costs
  3. 3 Whether the applicant is entitled to costs of the hearing

Ratio Decidendi

The respondent is in deliberate and continuing contempt of court by failing to pay maintenance and costs, and by failing to attend hearings and comply with disclosure orders. This contempt impedes the course of justice as the applicant cannot fund legal representation or living expenses. There is no other effective remedy due to the respondent's residence abroad and lack of assets in the jurisdiction. The Hadkinson order is necessary and proportionate. The respondent's application to vary is not based on inability to pay, and enforcement should not be stayed. The applicant is entitled to costs due to the respondent's litigation conduct.

Court Disposition

Hadkinson order granted; costs awarded to applicant

Orders

  • The respondent is prevented from pursuing his application to vary unless and until he pays £61,901.62 in arrears, £13,687.20 in outstanding costs, and £7,252.80 in further costs.
  • Summary assessment of costs for this hearing in the sum of £10,932.60 to be paid within 14 days, added to the amount due under the Hadkinson order.