Committal for Contempt of Court: Barker -v- Barker

County CourtFamily CourtCommittal for Contempt of Court

Case number: BV21D10188

In the County Court at St Helens

30 December 2022

Before:
District Judge Gray

Between:
Lynsey Ann Barker
-v-
Phillip James Barke


Pursuant to Practice Direction 37.8(13) Committal for Contempt of Court – Open Court

Case number BV21D10188 Barker v Barker
In relation to the above named case on 30 December 2022 District Judge Gray sitting in the Family Court at St Helens Merseyside sentenced the Defendant in that case to a custodial sentence suspended on the following terms:-

  1. Subject to the following paragraph, the respondent Philip James Barker shall be committed to H.M. Prison Liverpool for a period of three months from the date of his arrest.
  2. This order will not be put into force if the respondent by no later than 4pm on Friday 27 January 2023 files with the court and serves upon the applicant’s solicitors a duly completed Form E together with the necessary supporting documentary evidence indicated therein.

For contempt of court on breach of an order dated 12 September 2022. The basis of the sentence imposed is that Philip James Barker is in contempt by :-
An order was made in these proceedings dated 12 September 2022 by paragraph 2 of which it was ordered that the respondent must by 26 September 2022 file and serve his financial disclosure by way of a properly completed Form E together with the relevant attachments and accompanying documents. A penal notice was attached.

At a hearing on 2 November 2022, the court read the witness statement of Pamela Winter dated 7 October 2022 and heard oral testimony from the applicant Lynsey Barker. The respondent failed to attend the hearing. The court found that the respondent Philip James Barker had failed to comply with this court’s directions and was in contempt of court. The question of sentence was deferred

This breach was contrary to the terms of the order dated 12 September 2022 to which Philip James Barker was subject.

A copy of the Judgment by District Judge Gray dated 30 December 2022 is attached