Ian Cooper (instructed by JMW) represented a beneficiary, entitled to share in the estate of a Deceased, on an application to commit the Defendant personal representative of the estate. The hearing took place in Manchester before His Honour Judge Cawson KC sitting as a Judge of the High Court.
The contempt application arose out of a part 8 administration claim last year in which Ian secured an order directing the Defendant to pay a six-figure sum and provide an account of his administration of the Deceased’s estate. The Defendant’s failure to comply with the order led to a finding of contempt of court. The court adjourned the question of committal and issued a bench warrant to secure the Defendant’s attendance.
At a subsequent contested hearing, the Court imposed a 9-month sentence of imprisonment, suspended on condition that the Defendant pay the sum previously ordered, plus the costs arising from the administration claim. The case is interesting, not just as a warning to defaulting personal representatives, as Ian successfully argued that s.4(3) Debtors Act 1869 was engaged, a fiduciary-based exception to the orthodox position that a debtor cannot be sent to prison for failure to pay a debt.
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