Practitioners should bear in mind the availability or risk of a Hadkinson order, says Kate Molan
The issue of non-compliance in the family courts has been highlighted by such recent proceedings as Young v Young [2013] EWHC 3637 (Fam), [2013] All ER (D) 313 (Nov) during which Mr Young was found to be in contempt of court through his failure to disclose evidence of his alleged loss of assets. The term “contempt of court” is used to describe conduct which undermines or has the potential to undermine the course of justice or the procedures designed to deal with it. Contempt of court is seen as a serious offence and can result in a costs order, fine or even a custodial sentence being imposed on the offending party, as was the case with Mr Young.
Draconian order?
A further option open to the court in serious cases is a Hadkinson order, a type of “unless” order originating from the case of Hadkinson v Hadkinson [1952] P 285, [1952] 2 All ER 567 designed to remedy something done in defiance of the court by limiting
