Latest articles
Teaching Hospitals NHS Trust v DV (A Child) [2021] EWHC 1037 (Fam)
(Family Division, Cohen J, 19 April 2021)Medical Treatment – 17-year-old had form of bone cancer and required surgery For comprehensive, judicially approved coverage of every important...
Domestic Abuse Bill
Aaron Gates-Lincoln, Immigration NewsAfter years of development the Domestic Abuse Bill returned to the House of Lords in the UK on the 8th March 2021 to complete its report stage, one of the final...
Coercive control and children’s welfare in Re H-N and Others
When families come to strife, arrangements must be made for the future care of any children. In some circumstances, this means an application to the courts. These ‘private law orders’ can...
Profession: Expert Witness
The value of a family business or business interest is treated as an asset and therefore part of the matrimonial pot to be distributed when it comes to negotiating a financial settlement on divorce or...
How does a jointly held property pass on death?
When meeting with clients to discuss their succession planning, many cannot recall whether their property is held jointly as joint tenants or jointly as tenants in common. The distinction is that with...
View all articles
Authors

Husband wins Sharland appeal 2:1

Sep 29, 2018, 19:01 PM
The Court of Appeal has just handed down judgment in the case of Sharland v Sharland [2014] EWCA [tbc], [2014] 2 FLR (forthcoming) (reported at first instance as S v S (Non-Disclosure) [2013] EWHC 991 (fam), [2013] 2 FLR 1598).
Slug : husband-wins-sharland-appeal-2-1
Meta Title : Husband wins Sharland appeal 2:1
Meta Keywords : family law, sharland, court of appeal, divorce
Canonical URL :
Trending Article : No
Prioritise In Trending Articles : No
Date : Feb 10, 2014, 06:55 AM
Article ID : 104697

The Court of Appeal has just handed down judgment in the case of S v S (Financial Remedies: Non-Disclosure: Materiality) [2014] EWCA 95, [2014] 2 FLR (forthcoming) (reported at first instance as S v S (Non-Disclosure) [2013] EWHC 991 (Fam), [2013] 2 FLR 1598).

Their Lordships found that although the husband was guilty of fraudulent misrepresentation, in the event it proved not to be material to the outcome of the case, and the wife would not have received a substantially different award had the court been in possession of the full facts.

Mr and Mrs Sharland had both given evidence during the trial before Sir Hugh Bennett in July 2012, but they reached an agreement during the course of the hearing and the judge approved the heads of agreement. The draft order was not sealed. The wife discovered very shortly afterwards that, in direct contrast to what he had said in evidence up to and during the trial, the husband had been in preparations for an IPO (initial public offering) and there was media speculation that the company was worth between $750m and $1bn as opposed to the £50m - £75m it had been considered worth during the proceedings.

The wife argued she would not have settled on the terms she did if she had known the true position and sought the setting aside of the unperfected order and resumption of the final hearing.

The judge was able to look again at the position since the order had not been sealed, and having received further affidavit evidence from the husband agreed that the wife and the court had been badly misled. However he concluded that since an IPO had not actually taken place and now was unlikely to do so for some time, he would not have made a substantially different order from that which the parties had agreed.

The Court of Appeal upheld the judge's order by a majority of 2 to 1. Lord Justice Briggs dissented considering that as a matter of public interest the court's processes must be protected from fraud.

Lady Justice Macur agreeing with Lord Justice Moore Bick added that the husband's conduct might be punished in other ways such as by costs penalties, contempt proceedings or criminal prosecution. She considered that the court system might grind ever more slowly if every fraudulent misrepresentation permitted a case to be reopened.

A detailed article by Ros Bever (who represents Mrs Sharland) and Hayley Trim of Irwin Mitchell will appear in the April edition of Family LawS v S (Financial Remedies: Non-Disclosure: Materiality) [2014] EWCA 95 will be reported in FLR.

 

Categories :
  • News
Tags :
Authors
Provider :
Product Bucket :
Recommend These Products
Load more comments
Comment by from