Henry’s comments can be accessed in The Legal Diary, published on 10 December 2021, here.
Following the news that Frederick Barclay faces a possible prison sentence after failing to pay a £50m divorce settlement to his former wife after a High Court battle, partner Henry Hood commented on this in The Legal Diary:
“Contempt proceedings are one of the means by which the Court sanctions litigants for not doing as ordered. The possible punishment is substantial to include imprisonment and for that reason the threshold of proof required is the criminal standard (beyond reasonable doubt) rather than the civil standard (balance of probabilities).
“The directions hearing this week was heard by the same judge who had officiated at the final hearing and who has already criticised Mr Barclay in his litigation conduct.”