Businessman Sir Frederick Barclay was warned “the debt will not go away” by a High Court judge as his sentencing for contempt of court over failing to pay nearly £250,000 to his ex-wife was adjourned.
Lady Hiroko Barclay previously asked for 87-year-old Sir Frederick to be sent to prison after claiming he had breached court orders to pay her more than £100 million following the breakdown of their 34-year marriage.
She said he had not paid the first of two £50 million lump sums and owed £185,000 to cover the cost of her legal bills and £60,000 in maintenance.
Last month, Sir Jonathan Cohen ruled that Sir Frederick was not in contempt as a result of not paying the first of two £50 million lump sums, finding that Lady Barclay had not proved her ex-husband had the means to pay it.
But the judge said that Sir Frederick was in contempt for not paying the £245,000 he owed for legal fees and maintenance, ruling the businessman had the means to pay those debts.
At a hearing on Thursday, Stewart Leech QC, for Lady Barclay, said that while the £245,000 debt had now been paid, “Sir Frederick remains massively in default, there is still no plan for payment of the £100 million”.
Sir Jonathan said he would adjourn his decision on whether to impose a penalty against Sir Frederick for three months.
It seems to me an extraordinary point that every member of the family is prepared to put their hands into their pockets to help Sir Frederick to avoid prison but will do nothing to assist the greatest victim in this, Lady Barclay ...— Sir Jonathan Cohen
The judge said: “It should be a matter of shame for Sir Frederick and his nephews that Lady Barclay is left with next to nothing in financial resources for the future.
“Does Sir Frederick, and do the nephews, really expect and wish to see her without a penny of her award satisfied?
“It seems to me an extraordinary point that every member of the family is prepared to put their hands into their pockets to help Sir Frederick to avoid prison but will do nothing to assist the greatest victim in this, Lady Barclay, particularly when I have found she is entitled, and I stress the word entitled, to the award that I made which is to be paid out of Sir Frederick’s share of the fortune that he and his brother amassed.
“The debt will not go away and I expect Sir Frederick to engage personally with his nephews to find a way through this.”
Sir Jonathan said that he would “not be impressed” if the issue was left to lawyers, adding: “There needs to be meetings and sustained serious efforts to be made to find a route through this.”
During the short hearing at the High Court in London, Mr Leech asked for Sir Frederick to be given a suspended prison sentence of five weeks.
“The pattern is that Sir Frederick simply ignores these orders until his feet are put to the fire,” he told the court.
But Charles Howard QC, for Sir Frederick, said no order needed to be made after the businessman “purged his contempt” with a loan from his and Lady Barclay’s daughter Amanda.
The court also heard that there were also further legal costs and up to six months’ worth of maintenance payments in dispute.
“My client has no money and Amanda has made it clear that she is not going to provide any more,” Mr Howard said.
