Friday, 18 January 2013

UPDATE: Non-disclosure in financial remedy proceedings. The Family Court uses its teeth!

In November 2012, I looked at what the Family Courts can do if someone fails to comply with their obligations in relation to financial disclosure.  One of the powers the court has is to commit someone to prison and whilst this really is a last resort, the Family Court this week did just that when Mr Justice Moor sent Scot Young, a former fixer and millionaire property developer, to jail for 6 months.  The sentence had been issued back in 2009 as a suspended sentence and Mr Young had been given several opportunities since then to comply with his obligations.  This week the Court had had enough of his “absurd” and “next to useless” excuses. This is definitely something to keep in mind when advising clients about the consequences of providing full and frank disclosure in financial remedy proceedings.

Mr Young, is no stranger to the far reaching powers of the family courts with his passport being withheld in 2012 when he claimed he wanted to leave the country to undertake charity work.  Michelle Young, who is seeking the financial remedy against her estranged husband, hasbeen trying to get to the bottom of her husband’s money for years and a full hearing on her application is due later this year.