Lauriane de Campos Braciforte v Jennifer Williams
The judge was entitled to accept the Claimant's evidence regarding the inaccessibility of the Brazilian bank account and to find that any breach of the disclosure order was minor; the Claimant was not debarred from asserting impecuniosity, and the substantive finding of impecuniosity was within the judge's discretion.
- Parties
- Claimant/respondent: Lauriane De Campos Braciforte; Defendant/appellant: Jennifer Williams
- Jurisdiction
- England and Wales
- Judgment Date
- 02 September 2026
- Procedural Posture
- Appeal / Judgment
- Outcome
- Appeal dismissed
- Legal Topics
- Credit Hire, Impecuniosity, Disclosure, Relief From Sanction
Case Brief
Summary, issues, holding and outcome
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Parties
Lauriane De Campos Braciforte
Claimant/respondent
Jennifer Williams
Defendant/appellant
Procedural Posture
Appeal / Judgment
Legal Issues
- 1 Whether the Claimant should be debarred from asserting impecuniosity due to non-disclosure of a foreign bank account
- 2 Whether the Claimant was impecunious at the material time
- 3 Whether the judge erred in accepting the Claimant's explanation regarding account accessibility
Ratio Decidendi
The judge was entitled to accept the Claimant's evidence regarding the inaccessibility of the Brazilian bank account and to find that any breach of the disclosure order was minor; the Claimant was not debarred from asserting impecuniosity, and the substantive finding of impecuniosity was within the judge's discretion.
Court Disposition
Appeal dismissed
Orders
- Judgment sum affirmed
- Parties invited to agree terms of consequential orders
Full Case Text
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