Hadkinson Orders and HR v DS [2019] 2425 (Fam)

If an individual is in breach of a court order for example to pay the other party a sum of money the court has discretion to refuse to hear them by making what is called a ‘Hadkinson order’. This means that they can be prevented from pursuing a further application until they have complied with the order that they are in breach of. On hearing an application for a Hadkinson order the court will consider:

• whether the respondent is in contempt of court
• whether there is any impediment to justice
• if there is any other effective means of securing compliance
• whether it should exercise its discretion to impose conditions having regard to whether the contempt is wilful
• and if so what conditions would be proportionate

As this is such a draconian measure a Hadkinson order should be a last resort and discretion exercised judicially sparingly and proportionately.

 In the recent case of HR v DS [2019] 2425 (Fam) the court granted a Hadkinson order which barred the husband/father from proceeding with an appeal against a costs order made in Family Law Act proceedings unless he discharged outstanding child maintenance payments. The judge commented that this was ‘made in the context...