Committal for Contempt of Court: Eliza Sheward -v- Graham Sheward

Family CourtCommittal for Contempt of Court

Case Number: SD1402904

In the Family Court

5 November 2024

Before:

Her Honour Judge Cope

Between:

Eliza Sheward

-v-

Graham Sheward

Summary of judgment

  • On 25 April 2024 the court heard an application by Elza Sheward against Graham Sheward for alleged breaches of an injunctive order dated 19 May 2016 (the order) made in the context of financial remedy proceedings.
  • Elza Sheward alleged that the order had been breached in two respects. First, Graham Sheward had during the period July 2016 through to September 2017, breached paragraph 13 and potentially paragraph 17. Secondly, in or about 18 September 2018, Graham Sheward breached paragraph 12 of the Order.
  • The court was not satisfied that the first breach was made out.
  • The court was satisfied that Graham Sheward had breached paragraph 12 which states:

Paragraph 12: ‘Until further order of the court, the respondent must not remove from England and Wales or in any way dispose of, deal with or diminish the value of the following assets which are in England or in any other jurisdiction, namely his interest in the estate of the late (X).

  • The court was satisfied that Graham Sheward was in breach of paragraph 12 of the order in authorising and/or instructing his sister to pass the sum of £8,000 to his son. It is clear to me to the criminal standard of proof that the husband’s actions were contrary to the order.
  • The sanction is adjourned until the hearing on 24 June 2024.

Summary of judgment

  1. On 25 April 2024 the court found that Mr Sheward, was in breach of the order dated 19 May 2016 in authorising and/or instructing his sister to pass the sum of £8,000 to his son.
  2. Penalty was adjourned until 24 June 2024.
  3. The hearing on 24 June 2024 did not proceed due to an appeal lodged by Mr Sheward.
  4. The adjourned hearing took place on 5 November 2024. The court considered the threshold to be met for a custodial sentence. A six month sentence was imposed which was suspended for six months on the basis that Mr Sheward pays the sum of £8,000.
  5. Mrs Sheward’s costs were summarily assessed in the sum of £2,000.