Z (No.5) (Enforcement), Re
Given the father's deliberate and ongoing contempt, non-compliance with financial orders, residence abroad, and Zoe's exceptional needs, capitalisation of child support, continuation of the freezing order, and a Hadkinson order are necessary to secure justice and enforce the court's award. Costs are justified on an indemnity basis due to the father's unreasonable litigation conduct.
- Parties
- Applicant: X; First Respondent: Y; Second Respondent: The Z Trust
- Jurisdiction
- England and Wales
- Judgment Date
- 11 October 2024
- Procedural Posture
- Schedule 1 Children Act 1989 Proceedings / Enforcement Judgment
- Outcome
- Applications for continuation of freezing order, capitalisation of support, Hadkinson order, and indemnity costs granted.
- Legal Topics
- Child Maintenance, Enforcement of Financial Orders, Freezing Orders, Capitalisation of Periodical Payments, Hadkinson Orders, Costs
Case Brief
Summary, issues, holding and outcome
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Parties
X
Applicant
Y
First Respondent
The Z Trust
Second Respondent
Procedural Posture
Schedule 1 Children Act 1989 Proceedings / Enforcement Judgment
Legal Issues
- 1 Whether to continue a worldwide freezing order against the father and the Z Trust
- 2 Whether to capitalise ongoing child support, nanny care, and education payments
- 3 Whether to grant a Hadkinson order preventing the father from being heard until compliance
Ratio Decidendi
Given the father's deliberate and ongoing contempt, non-compliance with financial orders, residence abroad, and Zoe's exceptional needs, capitalisation of child support, continuation of the freezing order, and a Hadkinson order are necessary to secure justice and enforce the court's award. Costs are justified on an indemnity basis due to the father's unreasonable litigation conduct.
Court Disposition
Applications for continuation of freezing order, capitalisation of support, Hadkinson order, and indemnity costs granted.
Orders
- Freezing order continued in the sum of £8,662,940.46 against the father and Z Trust.
- Capitalisation of child support, nanny care, and education payments ordered, to be held by Connor Broadley Ltd for Zoe's benefit.
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