Raza v Gall
[2023] EWFC 181 (B)
Vanessa Brown v Wilson Geoffrey Brown
26 April 2024
[2024] EWFC 181 (B)
Family Court
A husband ignored court orders to provide financial information. The judge issued a warrant for his arrest, but even then, he didn't cooperate. Because of this, the judge sent him to jail for 19 days and made him pay his wife's legal costs.
Key Facts
- •Contempt proceedings against Wilson Geoffrey Brown for failure to file Form E and CETV for his pension.
- •Mr. Brown failed to attend court hearings despite bench warrants.
- •Mr. Brown allegedly sent an abusive email to his wife.
- •Mr. Brown's alleged wish to be sectioned was relayed to the court through his son.
- •No medical evidence was provided by Mr. Brown to explain his absence.
- •The court considered various sentencing options, including custodial sentences, fines, and asset confiscation.
Legal Principles
Objectives of sentencing in contempt cases: ensuring future compliance, punishing the contemnor, and securing rehabilitation.
The Family Court
Imprisonment for contempt is only appropriate for serious contumacious flouting of court orders.
The Family Court
The court must consider the specifics of each case and not simply transpose penalties from similar cases.
The Family Court
Outcomes
Wilson Geoffrey Brown sentenced to 19 days immediate imprisonment for contempt of court.
Serious contumacious flouting of court orders; multiple opportunities to comply were ignored; no mitigation offered; no medical evidence provided; abusive communication with the Applicant Wife.
Applicant Wife's costs summarily assessed at £7,079.23.
Costs assessment following the contempt proceedings.