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The consequences of lying in sworn evidence and … or lack thereof

Date:9 SEP 2019
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I recently cross examined a wife about her income. Her Form E said she had no income. In answers to Husband’s Questionnaire she provided various documents which showed she did in fact receive ‘cash in hand’ as a self employed hairdresser. The final hearing bundle contained a schedule of assets ‘filed on behalf of Wife’. It showed Wife’s earned income as £0.

In evidence in chief she confirmed her Form E was true. I cross examined her and she accepted that her Form E was not accurate and yes she did in fact earn about £600 a month from hairdressing.

What were the consequences/penalties for trying to mislead the court? Well it will come as no surprise to family lawyers that there were none. The judgment simply mentioned her income and the fact she had one contrary to her Form E assertions. Lying on your Form E seems to result in no repercussions at all from a punitive point of view.

The case of LIVERPOOL VICTORIA INSURANCE COMPANY LIMITED and DR ASEF ZAFAR [2019] EWCA Civ 392 concerned a dodgy doctor and PI solicitor.

Dr Zafar was effectively running a...

Read the full article here.