Disclosure
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Goddard-Watts v Goddard-Watts [2023] EWCA Civ 115
Lady Justice Macur, Lady Justice Nicola Davies and Lady Justice Carr.W’s appeal of order made by Sir Jonathan Cohen in January 2022 (see previous case summary) using the ‘Kingdon approach’. On two separate occasions since settlement of f…
- Cases
- Disclosure
- Setting Aside Orders (Including Barder Applications)
!15/02/2023 09:00
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XO v YO & Anor [2022] EWFC 114
HHJ Hess. Financial remedies decision concerning whether English court had jurisdiction to determine a claim in respect of immovable property situated outside England where the claim is based on equity; and can adverse inferences be drawn from a party’s f…
- Cases
- Conduct
- Hague Convention on the Law Applicable to Trusts and Their Recognition
- Jurisdiction
- Disclosure
- Foreign Assets
!22/09/2022 09:00
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X v Y [2022] EWFC 95
HHJ Hess. Financial remedy judgment in which the wife’s capital claims were adjourned for a decade in view of dishonest fabrication of bank statements by H and uncertainty as to assets. Judgment published ‘to draw wider attention to the abilit…
- Cases
- Adjourned Capital Claim
- Conduct
- Disclosure
!15/08/2022 09:00
Dodgy Digital Documents: Where Are We Now? Where Are We Going?
In the sun-kissed, halcyon days of late 2019 when Brexit had not yet taken effect and a corona was a halo of gas seen around the sun during an eclipse, a fevered discussion was taking place on Twitter between family lawyers regarding the increasing freque…
- Journal
- Digital
- Disclosure
- Fraud
- Manipulation
- Evidence
- Fake
- Documents
!06/07/2022 07:13
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Villiers v Villiers [2022] EWCA Civ 772
Moylan LJ, Coulson LJ and Arnold LJ.Appeal concerning an order by Mostyn J dismissing W’s application under s 27 of MCA 1973. Case provides useful content on the interpretation and application of s 27. It was concluded that W’s application had been wrongl…
- Cases
- Jurisdiction
- Disclosure
- Maintenance
!10/06/2022 09:00
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Baker v Baker [2022] EWFC 15
Mostyn J.Application by W for maintenance pending suit following Rattan v Kuwad [2021] EWCA Civ 1. Held, court entitled to make assumptions about H’s ability to pay in face of ‘lamentable’ disclosure. Declines to allow W to roll up part of her income in c…
- Cases
- Disclosure
- Maintenance Pending Suit
- Conduct
!04/02/2022 15:00
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Goddard-Watts v Goddard Watts [2022] EWHC 711 (Fam)
Sir Jonathan Cohen.Second rehearing of W’s application for financial remedy orders, two previous orders having been set aside due to H’s non-disclosure. W’s application based on H’s knowledge at the time of the (second) judgment that he was about to recei…
- Cases
- Costs
- Procedure on Non-Disclosure
- Disclosure
!03/02/2022 09:00
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LS v PS [2021] EWHC 3508 (Fam)
An application by an intervenor in financial remedy proceedings for disclosure of privileged material from a PFDR was refused. The intervenor, a litigation funder, is seeking to set aside a consent order reached at the PFDR on the basis it was deliberately structured to ensure W could not meet her debt. The court acknowledged that a number of competing policy considerations were engaged, in the process attaching importance to the status of litigation funders. Whilst this application was refused on the facts, Roberts J referred the “absolute bar” (as Munby P has interpreted paragraph 6.2 PD9A) on use of anything said or done at FDR in support of a separate action in civil proceedings to the Family Procedure Rules Committee. In further judicial support for private dispute resolution, Roberts J thought it artificial to draw a distinction between the privilege attaching under paragraph 6.2 PD9A to “in-court” and private FDRs.
- Cases
- FDRs
- Litigation Funding
- Joinder of Third Parties
- Privilege
- Disclosure
!18/01/2022 14:32
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Cathcart v Owens [2021] EWFC 86
https://www.bailii.org/ew/cases/EWFC/HCJ/2021/86.html
- Cases
- Disclosure
!01/11/2021 12:00
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The Insolvency Service v Becker & Anor [2020] EWHC 2546 (Fam)
Mostyn J.The Insolvency Service brought criminal proceedings against the tennis player Boris Becker, alleging that he had failed to disclose all his assets. One count of alleged non-disclosure related to the existence of the BB Settlement, a trust establi…
- Cases
- Bankruptcy
- Publicity and Confidentiality
- Disclosure
!25/09/2020 17:02
