Ward v Akers [2002] EWCA Civ 1713 (8 November 2002)

Ward v Akers [2002] EWCA Civ 1713 (8 November 2002)

Although there was non-disclosure of share options and pension rights, the delay of nearly six years after the wife was put on notice of possible non-disclosure was fatal. The court's discretion should not be exercised in favour of the wife, and the appeal must be dismissed.

Citation
[2002] EWCA Civ 1713
Parties
Claimant/appellant: Kathleen Elizabeth Ward; Defendant/respondent: Roger Malcolm Akers
Jurisdiction
England and Wales
Judgment Date
08 November 2002
Procedural Posture
Appeal / Final Judgment
Outcome
Appeal dismissed
Legal Topics
Ancillary Relief, Consent Orders, Non Disclosure, Delay in Application, Clean Break Settlement
Family Law Ancillary Relief Consent Orders Non Disclosure Delay in Application Clean Break Settlement

Case Brief

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Parties

Kathleen Elizabeth Ward

Claimant/appellant

Roger Malcolm Akers

Defendant/respondent

Procedural Posture

Appeal / Final Judgment

Legal Issues

  1. 1 Whether material non-disclosure of assets and income justifies setting aside a consent order
  2. 2 Whether delay in seeking to set aside the order defeats the application

Ratio Decidendi

Although there was non-disclosure of share options and pension rights, the delay of nearly six years after the wife was put on notice of possible non-disclosure was fatal. The court's discretion should not be exercised in favour of the wife, and the appeal must be dismissed.

Court Disposition

Appeal dismissed

Orders

  • Public funding assessment order in respect of the Appellant's costs