WJB v HJM
[2024] EWFC 116 (B)
Dickason v Dickason
27 August 2024
[2024] EWFC 285 (B)
Family Court
A husband refused to pay his wife the money the court ordered him to pay after their divorce. He didn't show up to court multiple times, making excuses. The judge, after considering his long history of dodging court orders, decided to order the husband to pay or face jail. The judge also froze some of the husband's money in the bank to make sure the wife gets paid.
Key Facts
- •Mr. Dickason consistently failed to comply with court orders in financial remedy proceedings, including those with penal notices.
- •Mr. Dickason failed to pay periodical payments of £1500 per month, resulting in arrears of £24,163.
- •Mr. Dickason repeatedly failed to attend court hearings, offering various excuses including travel and illness.
- •An interim third-party debt order against Investec was discharged due to erroneous information, but funds are available.
- •Mrs. Dickason applied for a judgment summons against Mr. Dickason.
Legal Principles
Enforcement of periodical payment orders via judgment summons.
No specific case cited, but the judge demonstrates understanding of the relevant law.
Standard of proof for judgment summons applications is beyond reasonable doubt.
No specific case cited, but the judge states the required standard.
Adverse inferences can be drawn from a debtor's consistent failure to engage with court proceedings.
Implicit, supported by the judge's reasoning and the case history.
Court's consideration of court resource allocation and overriding objective when deciding whether to adjourn.
Implicit, based on the judge's reasoning in refusing adjournment.
In Haskell v Haskell [2021] EWCA Civ 1295, there's no rule requiring further explicit evidence at the time of the committal hearing that the debtor's financial situation hasn't changed.
Haskell v Haskell [2021] EWCA Civ 1295
Conflict in authorities regarding evidential burden on debtor to show lack of means to pay.
Prest v Prest [2015] EWCA Civ 714 mentioned.
Outcomes
Judgment summons granted against Mr. Dickason.
Mr. Dickason's consistent non-engagement, failure to pay, and lack of credible explanation for non-attendance established beyond reasonable doubt.
Order for suspended committal to prison for 14 days, suspended on condition of payment of £24,163 by 24 September 2024.
To ensure payment to Mrs. Dickason while allowing Mr. Dickason to apply to set aside the order if he has a genuine reason for non-attendance.
Interim third-party debt order made against Investec.
To preserve funds in Mr. Dickason's account pending a formal third-party debt order application.