Rogan v Rogan, Court of Appeal - Family Division, September 21, 2018, [2018] EWHC 2512 (Fam)

Resolution Date:September 21, 2018
Issuing Organization:Family Division
Actores:Rogan v Rogan
 
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Case No: FD13D00007

Neutral Citation Number: [2018] EWHC 2512 (Fam)

IN THE HIGH COURT OF JUSTICE

FAMILY DIVISION

Royal Courts of Justice

Strand

London

WC2A 2LL

Friday, 21st September 2018

Before:

THE HONOURABLE MR JUSTICE HOLMAN

(sitting throughout in public)

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B E T W E E N:

SARAH ANNABEL ROGAN

and

RICHARD GRANT ROGAN

(Judgment Summons)

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MR J EWINS QC (instructed by HUGHES FOWLER) appeared on behalf of the Applicant, and MR RENATO LABI, solicitor for judgment

THE RESPONDENT appeared In Person

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JUDGMENTThis Transcript is Crown Copyright. It may not be reproduced in whole or in part, other than in accordance with relevant licence or with the express consent of the Authority. All rights are reserved.

WARNING: reporting restrictions may apply to the contents transcribed in this document, particularly if the case concerned a sexual offence or involved a child. Reporting restrictions prohibit the publication of the applicable information to the public or any section of the public, in writing, in a broadcast or by means of the internet, including social media. Anyone who receives a copy of this transcript is responsible in law for making sure that applicable restrictions are not breached. A person who breaches a reporting restriction is liable to a fine and/or imprisonment. For guidance on whether reporting restrictions apply, and to what information, ask at the court office or take legal advice.

MR JUSTICE HOLMAN:

  1. This is a judgment summons. A former wife, Sarah Annabel Rogan (whom I will call the wife) applies to commit her former husband, Richard Grant Rogan Junior (whom I will call the husband) to prison for significant non-payment and arrears of spousal maintenance following their divorce.

  2. If the husband is committed to prison, that is likely to be very damaging to relationships between the parties and their two children, now aged 14 and 11, and seems likely to have a damaging effect on the husband's business.

  3. During the hearing I have questioned whether the wife really wished to take this summons to the wire, but she said that she does. It is her belief that if a suspended order for imprisonment is made, the husband will, in the end, produce the money. That being so, it is my duty to hear and determine the judgment summons.

  4. The essential and undisputed background is as follows. The husband is now aged 63 and the wife 44. They married in 2002, separated in 2012, and were divorced in 2014. Their two children are now aged 14 and 11. The husband's business involves the trade in inter-governmental offsets and is complex. It seems to be common ground that during the marriage, as well as since, there could be successful deals, which generated considerable wealth for the husband, followed by periods in which he had no income at all. He always has been a man who had means, but no regular periodic income.

  5. The financial agreement following the divorce is also complex, and was tied to various transactions which were then current. The upshot for the purpose of this hearing and judgment is that the husband was required by two consent orders to pay to the wife a lump sum of, altogether, £5 million. The second instalment was only due and payable on 31 December 2017. The first instalment was duly paid. The second instalment, due on 31 December 2017, became quantified as £1,996,632. None of that instalment has been paid, and a calculation of statutory interest shows that, as at 20 September 2018...

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