Henry Hood and Eri Horrocks discuss the consequences of failing to make a payment under a court-ordered divorce settlement in eprivateclient

Henry and Eri’s article was published in eprivateclient, 16 December 2021, and can be seen here.

Henry Hood, Partner, and Eri Horrocks, Associate in our Family & Relationships department, reflect on the recent developments in the high-profile divorce case involving Sir Frederick Barclay.

The case has garnered significant public attention due to Sir Frederick’s failure to comply with a court-ordered divorce settlement, specifically his non-payment of the first £50 million instalment of a £100 million award to Lady Barclay.

His repeated disregard for court orders, including failing to disclose financial documents and disobeying directives regarding the sale of a luxury yacht, led Mr Justice Cohen to permit the publication of details that would typically remain private. Lady Barclay has now returned to court seeking enforcement of the unpaid sum, and contempt of court proceedings are underway.

Contempt proceedings in the Family Court are serious and require proof beyond reasonable doubt, a higher standard than the usual civil threshold. To succeed, Lady Barclay must demonstrate that Sir Frederick had or has the means to pay and has wilfully refused to do so. Sir Frederick is expected to argue that he lacks the necessary resources.

These proceedings are held publicly, and Sir Frederick’s attempt to have them heard in private was rejected. While imprisonment for non-payment in divorce cases has been rare, recent cases suggest a growing judicial willingness to impose custodial sentences where appropriate. If found in contempt, Sir Frederick could face severe consequences, including imprisonment, marking a significant escalation in this already contentious legal battle.

Read the full article on the eprivateclient website [external link].