Lady Hiroko Barclay v Sir Frederick Hugh Barclay
[2023] EWHC 1179 (Fam)
Lady Hiroko Barclay v Sir Frederick Barclay
17 August 2023
[2023] EWFC 164
Family Court
A rich man owed his ex-wife a lot of money and didn't pay. The court wanted to put him in jail, but decided against it because he's old and doesn't seem to have the money, even though it's very strange he can't access it. The judge is upset because his nephews might be able to help but aren't.
Key Facts
- •Sir Frederick Barclay was ordered to pay his former wife, Lady Barclay, £100 million in two installments.
- •Sir Frederick failed to make any payments.
- •Lady Barclay issued judgment summonses.
- •The court found Sir Frederick had the means to pay smaller sums but not the £100 million.
- •Multiple adjournments occurred due to promises of forthcoming payments from a purported loan brokered by Mr. Clarke.
- •The promised loan repeatedly failed to materialize due to alleged confidentiality breaches and lender withdrawal.
- •Sir Frederick is 88 years old and suffers from physical and cognitive decline.
- •Sir Frederick's access to funds is severely limited due to trust structures.
- •Aidan and Howard Barclay, Sir Frederick's nephews, were summoned as witnesses and their testimony was considered.
- •The court considered the potential for Sir Frederick's nephews to resolve the issue.
Legal Principles
Judgment summonses are used to enforce payment of court orders.
Debtors Act 1869, Section 5
The criminal standard of proof is required in contempt of court proceedings.
Not explicitly stated, but implied.
The court has limited powers to impose sentences for debt non-payment (maximum six weeks imprisonment).
Debtors Act 1869, Section 5
Outcomes
No further committal order (imprisonment) was made against Sir Frederick Barclay.
The court found no evidence of deliberate non-compliance, considered Sir Frederick's age and health, and lack of access to funds. The court also noted the repeated unreliable information regarding funds.
The judgment summons proceedings were brought to an end.
The court deemed further proceedings futile given the repeated failures to secure payment.