KG v LG (appeal out of time : material non-disclosure) [2015] EWFC 64 (08 July 2015)

KG v LG (appeal out of time : material non-disclosure) [2015] EWFC 64 (08 July 2015)

The Husband breached his duty of full and frank disclosure by failing to disclose his true interest and benefit in the HA and EA Trusts, which held substantial assets at the time of the consent order. The non-disclosure was material, and the Wife did not delay unreasonably in bringing her application once she discovered the true position. The consent order must be set aside.

Citation
[2015] EWFC 64
Parties
Proposed Appellant: KG; Proposed Respondent: LG
Jurisdiction
England and Wales
Judgment Date
08 July 2015
Procedural Posture
Family Law – Financial Remedy (post Divorce) / Application for Permission to Appeal Out of Time and Substantive Appeal
Outcome
Appeal allowed; consent order set aside
Legal Topics
Consent Orders, Non Disclosure, Material Non Disclosure, Ancillary Relief, Trusts in Divorce, Delay in Application, Full and Frank Disclosure
Family Law Consent Orders Non Disclosure Material Non Disclosure Ancillary Relief Trusts in Divorce Delay in Application Full and Frank Disclosure

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 7 Party arguments 2 Amounts and remedies 16
Sign in to unlock

Parties

KG

Proposed Appellant

LG

Proposed Respondent

Procedural Posture

Family Law – Financial Remedy (post Divorce) / Application for Permission to Appeal Out of Time and Substantive Appeal

Legal Issues

  1. 1 Whether the Husband breached his duty of full and frank disclosure prior to the June 2010 consent order
  2. 2 Whether the non-disclosure was material to the outcome of the consent order
  3. 3 Whether the Wife delayed unreasonably in bringing the application

Ratio Decidendi

The Husband breached his duty of full and frank disclosure by failing to disclose his true interest and benefit in the HA and EA Trusts, which held substantial assets at the time of the consent order. The non-disclosure was material, and the Wife did not delay unreasonably in bringing her application once she discovered the true position. The consent order must be set aside.

Court Disposition

Appeal allowed; consent order set aside

Orders

  • Permission to appeal out of time granted
  • Appeal allowed