Disclosure
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On v On [2024] EWFC 37911 December 2024
HHJ Booth (now retired), sitting as a High Court judge, considered whether the duty of full and frank disclosure ends at the arbitration hearing, the judgment, and also whether the arbitral award should be treated as a ‘judgment’. Held: the duty of full and frank disclosure continued until the final disposition of the claims by the court.
- Cases
- Dishonesty
- arbitration
- Disclosure
- Fraud
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PM v RM [2025] EWFC 1120 January 2025
Mr Justin Warshaw KC sitting as a Deputy High Court judge. Application for maintenance pending suit, a legal services payment order and an injunction in a high value financial remedy case.
- Cases
- Disclosure
- Maintenance Pending Suit
- Legal Services Payment Orders
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WX v HX [2023] EWFC 279 (B)21 December 2023
Mr Recorder Day’s judgment in a case involving complex procedural history, intervenors, non-disclosure and a ‘fragile’ business valuation. Of note is Recorder Day’s inclusion of his earlier decision to refuse a Hadkinson order. The judgment sets out the law of financial remedies clearly and succinctly: it should be mandatory reading for pupils/trainees.
- Cases
- Hadkinson Orders
- Disclosure
- Costs
- Business Valuation
- Valuations
- Intervenors
The Duty of Disclosure: as Important Now as Ever
The duty of disclosure and its proactive nature runs through financial remedy proceedings like letters through a stick of seaside rock. It appears on the face of the Form E. It has been set out in numerous cases.
- Blog
- Disclosure
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B v B [2024] EWFC 311 (B)13 August 2024
District Judge Dinan-Hayward significantly departed from equality in the wife’s favour, where the applicant husband did not attend the final hearing, failed to engage with his own application and failed to undertake proper disclosure.
- Cases
- Disclosure
- Non-Compliance
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A v M (No 3) [2024] EWFC 29925 October 2024
Cohen J. Application by H to strike out W’s application to set aside a final order in financial remedies proceedings on the ground of H’s misrepresentation.
- Cases
- Disclosure
- Conduct
- Striking Out Applications
- Setting Aside Orders (Including Barder Applications)
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HJB v WPB [2024] EWFC 18710 July 2024
HHJ Vincent. Preliminary hearing to determine whether parties should be held to a separation agreement. Agreement found to be ‘presumptively dispositive’. An agreement will not be unpicked merely because a business has thereafter performed well.
- Cases
- Disclosure
- Agreements
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NW v BH [2024] EWFC 118 (B)23 May 2024
Recorder Rhys Taylor. Evidentially complex final hearing in needs-based case involving verbal Daniels v Walker application, abandoning of SJE report, disclosure inadequacies, and an intervenor being removed.
- Cases
- Disclosure
- Daniels v Walker Application
- Joinder of Third Parties
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VS v OP (Litigation Misconduct, Quasi-Inquisitorial Approach and Inferences) [2024] EWFC 190 (B)18 July 2024
Recorder Chandler KC’s final order was 67% to H and 33% to W, the non-compliant party, and an SPP order in W’s favour even though she did not attend, had not made full disclosure and adverse inferences had been made.
- Cases
- Disclosure
- Costs
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KFK v DQD [2024] EWFC 78 (B)3 April 2024
Recorder Rhys Taylor. Modest asset needs case. Issues in the case: add-back, adverse inference, beneficial interests, dishonesty, family loans and resources, nature of business assets (income vs capital resource), non-disclosure, presumption of advancement, treatment of debts, and witness credibility.
- Cases
- Chattels
- Disclosure
- Family Procedure Rules
- Costs
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