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

• Shannon Knight

!19/12/2024 11:39

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

• Elizabeth Bowden

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)

• Olivia Currie

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

• Emily Lennon

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

• Polly Morgan | Case Editor

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

• Elizabeth Bowden

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

• Elizabeth Bowden

TYB v CAR (Non-Disclosure) [2023] EWFC 261 (B)16 December 2023

DDJ Hodson. What does the court do with the non-discloser? Final hearing involving a short marriage with a child almost four.

• Cases

• Non-Disclosure
• Adverse Inferences
• Disclosure
• Costs
• Form E
• Needs
• Non-Compliance

• Stephanie Coker

Y v Z [2024] EWFC 416 January 2024

Peel J's determination of M’s Schedule 1 application against F, who is a member of a Middle Eastern royal family.

• Cases

• Millionaire's Defence
• Disclosure
• Child Maintenance
• Security for costs
• Children Act 1989 Schedule 1 Applications
• Child Support

• Leora Taratula-Lyons

DH v RH (No 2) (Variation of Interim Arrangements) [2023] EWFC 21028 November 2023

MacDonald J. Variation of LSPO and interim maintenance.

• Cases

• Release from Undertakings
• Interim Relief
• Disclosure
• Freezing Injunctions
• Maintenance Pending Suit
• Variation Applications
• Legal Services Payment Orders
• Enforcement

• Sophie Cullis