Jailed at 83, cancer-hit millionaire who refused to hand firm to ex-wife in £3.5m divorce fight
AN ELDERLY property developer has been jailed for 14 months for refusing to obey a divorce settlement that gave his ex-wife control of his company.
John Hart, 83, yesterday lost an appeal against the prison sentence for contempt of court – following a dispute of more than seven years that cost more than £500,000 in legal fees.
The businessman, with a £9.4million fortune, had been ordered to hand over £3.5million to his former wife of 20 years, Karen, 62.
Hart, who has prostate cancer, had also been ordered to give her shares in his company Drakestown Properties Limited. The shares amounted to a ‘substantial part of the wealth’ that former air hostess Mrs Hart should have received as part of the divorce settlement in June 2015.
But in March, at Bristol magistrates’ court, Judge Stephen Wildblood QC said Hart had ‘done his utmost to frustrate her ability to run the business efficiently and effectively’ because he ‘bitterly resented that the company had been transferred to his former wife’.
The judge told him: ‘Mr Hart, so serious are these acts of contempt that only a sentence of imprisonment is justified … a financial penalty would be wholly inadequate.’
During earlier hearings, Hart had been repeatedly ordered to stop delaying the transfer of his business, but he and staff then stripped out all management records.
He left behind just two bank statements and a collection of licences and lease. Hart was told in July 2016 and again in February this year to provide the necessary information to his ex-wife, but failed to do so.
Judge Wildblood said nobody wished to see an 83-year-old with prostate cancer in such a position but Hart was in ‘very serious and sustained contempt’ of court.
Hart argued he had previously complied with his obligations and that he was unable to provide specific documents. The order to jail him was ‘stayed’ pending a hearing at the Court of Appeal.
Yesterday Lord Justice Kitchin, Lord Justice Moylan and Lady Justice Asplin rejected the appeal, refusing to set aside the finding of contempt or the jail term.
Lord Justice Moylan said: ‘The judge was plainly entitled to conclude that the wife had been seriously prejudiced by the husband’s actions and that the husband’s breaches were deliberate and sustained … the judge’s decision to impose a term of imprisonment was clearly justified.’
The appeal judge added that Hart had not appreciated the seriousness of his contempt.
The property tycoon was described as an ‘isolated and sad man’ unable to enjoy his remaining years with the ‘millions of pounds he still owns’. Lord Justice Moylan added: ‘There was no expression of regret or apology which might ameliorate the judge’s conclusion that the husband’s contemptuous disregard of the orders was motivated by his resentment of the June 2015 order.’
Hart was not in court for the ruling which will now see him sent to prison.
Sarah Balfour, representing Mrs Hart, said the ex-wife had pursued the proceedings ‘with a heavy heart’, adding: ‘All she has ever sought is the ability to run the company awarded to her in an effective way.
‘She has behaved in an exemplary fashion in conducting the proceedings which were extraordinarily difficult, lengthy and costly due to the approach of Mr Hart.’
The bitter dispute between the couple, who separated in 2006, saw Hart ‘declare war’ on his family almost eight years ago, turning on his daughter Monique, 33, and his 30-year-old son Justin.
Two years ago, Monique revealed that her father had called her a ‘Judas’ for supporting her mother, adding: ‘I can’t see us ever speaking again. I’ve been through every emotion from anger to hurt.
‘Litigation is a game to him. He keeps losing but he loves it … It’s about money and control. At his time of life he should be retired and enjoying life, not thriving off litigation. He’s pushed away the people who actually cared about him.’