Charmaine de Souza v Richard Rothschild & Anor

In committal proceedings, the court must keep an open mind about alleged breaches that have not been determined. Where the parties reach a comprehensive arrangement addressing the underlying financial defaults and providing for payment, the committal application may be adjourned while performance of that arrangement is awaited. The court may also defer determining whether further alleged breaches justify imprisonment.

The applicant sought to enforce financial remedy orders made after the breakdown of her marriage. The orders required payment of a lump sum and indemnities concerning property-related liabilities. A previous committal hearing had found breaches by both respondents and imposed suspended terms of imprisonment.

Further alleged breaches concerned the sale of property and compliance with associated orders. At the hearing, a proposed purchaser attended and the parties agreed a comprehensive arrangement under which the applicant would receive most of the sums due shortly, with the balance payable on specified property sales within a maximum period of one year. The central issue was whether the committal application should proceed immediately or be adjourned.

1. Committal application adjourned. The court adjourned the application rather than determining immediately whether the respondents should be committed to prison or whether the suspension of the earlier committal order should be lifted.
2. The court recorded that the earlier committal proceedings before Peel J had resulted in breaches being proved against both respondents, with suspended terms of imprisonment imposed. The present application also concerned alleged new breaches arising from difficulties in selling 45 Addison Gardens and complying with related orders.
3. The court had not determined the new allegations. Although, if proved, they would disclose a serious course of conduct keeping the applicant out of money to which she was entitled, the judge expressly stated that no view had been formed on whether the complaints were justified and that an open mind had to be maintained.
4. The agreed arrangement provided for the proposed purchaser to buy 45 Addison Gardens using monies already deposited with his solicitors. The applicant was to receive the bulk of the sums due within days, with the remainder payable on the earliest of specified sales, all within one year at most. The adjournment was made to allow that arrangement to be implemented.

• High Court (Family Division): Financial remedy proceedings were determined by Sir Jonathan Cohen in December 2019, followed by an order made after a further hearing on 5 February 2020.
• High Court (Family Division): Peel J determined an earlier committal application in October 2021, finding breaches proved and imposing suspended terms of imprisonment.
• High Court (Family Division): The present committal application was adjourned on 5 August 2024 to allow an agreed property-sale and payment arrangement to be implemented.