Carson v Carson [2010] NIFam 17 (22 October 2010)

Carson v Carson [2010] NIFam 17 (22 October 2010)

The respondent's deliberate and sustained refusal to comply with court orders for disclosure of assets and means constitutes wilful contempt. The court is entitled to proceed with ancillary relief determination based on available information and to impose a sanction for contempt, opting for a fine rather than...

Source-derived case information.

Citation
[2010] NIFam 17
Parties
Petitioner: Esther Pauline Carson; Respondent: Wilbert Wesley Carson
Jurisdiction
Northern Ireland
Judgment Date
22 October 2010
Procedural Posture
Divorce and Ancillary Relief / Post Decree Nisi, Ancillary Relief Determination, Contempt Proceedings
Outcome
Ancillary relief proceedings to proceed based on available information; respondent found in contempt and fined.
Legal Topics
Divorce, Ancillary Relief, Contempt of Court, Non Compliance With Court Orders
Family Law Divorce Ancillary Relief Contempt of Court Non Compliance With Court Orders

Source-derived case record

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 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Esther Pauline Carson

Petitioner

Wilbert Wesley Carson

Respondent

Procedural Posture

Divorce and Ancillary Relief / Post Decree Nisi, Ancillary Relief Determination, Contempt Proceedings

Legal Issues

  1. 1 Whether the respondent's failure to comply with court orders constitutes contempt
  2. 2 Whether ancillary relief can proceed in absence of respondent's cooperation
  3. 3 Appropriate sanction for contempt

Ratio Decidendi

The respondent's deliberate and sustained refusal to comply with court orders for disclosure of assets and means constitutes wilful contempt. The court is entitled to proceed with ancillary relief determination based on available information and to impose a sanction for contempt, opting for a fine rather than imprisonment due to practical considerations.

Court Disposition

Ancillary relief proceedings to proceed based on available information; respondent found in contempt and fined.

Orders

  • Matter remitted to Master Redpath for determination of ancillary relief.
  • Respondent fined £10,000 payable within 28 days, with possibility of remission if full compliance within period.