Frederick Barclay found to be in contempt of court for not paying £245,000 to ex-wife

It was reported in the media last month that the Judge found the Daily Telegraph Tycoon, Frederick Barclay to be in contempt of court for not paying £245,000 in legal fees and monthly maintenance costs.

 

What is Contempt of Court?

Contempt of court refers to behaviour that takes place in connection with legal proceedings that prejudices or impedes the administration of justice. One example would be deliberately breaching a court order, which the Judge found Barclay to be guilty of. Contempt of court is not a criminal offence, even though it is punishable by imprisonment. The police and Crown Prosecution Service (CPS) have no power to institute proceedings for contempt.

What did Mrs. Barclay’s legal team have to prove?

They would have had to establish that Barclay:-

• Knew of the terms of the court order.
• Failed to act in a manner that involved a breach of the court order.
• Knew of the facts which made his conduct a breach of the court order.

What Powers do the Court have?

• Imprisonment
• Suspended imprisonment
• Fine
• Confiscation of assets

The sentence will depend on the seriousness of the breach. It was reported in the Guardian on that Barclay needed to pay the £245,000 by 11 August 2022 to avoid a potential prison sentence of up to six weeks.

Barclay may apply to discharge the order, if such an application was made, the Court will consider all the circumstances and make such order under the law as it thinks fit.