header-logo header-logo

Order, order

11 July 2014 / Kate Molan
Issue: 7614 / Categories: Features , Family
printer mail-detail
specialist_family_molan

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

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

NEWS
Robert Taylor of 360 Law Services warns in this week's NLJ that adoption of artificial intelligence (AI) risks entrenching disadvantage for SME law firms, unless tools are tailored to their needs
The Court of Protection has ruled in Macpherson v Sunderland City Council that capacity must be presumed unless clearly rebutted. In this week's NLJ, Sam Karim KC and Sophie Hurst of Kings Chambers dissect the judgment and set out practical guidance for advisers faced with issues relating to retrospective capacity and/or assessments without an examination
Delays and dysfunction continue to mount in the county court, as revealed in a scathing Justice Committee report and under discussion this week by NLJ columnist Professor Dominic Regan of City Law School. Bulk claims—especially from private parking firms—are overwhelming the system, with 8,000 cases filed weekly
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics
back-to-top-scroll