Felicite Terrill Perez De La Sala & Anor v Maria-Christina De La Sala & Ors

Felicite Terrill Perez De La Sala & Anor v Maria-Christina De La Sala & Ors

Deliberate material non-disclosure by the husband regarding substantial gifts from the wife’s parents was material and justified setting aside the consent financial remedy order. The gifts were not conditional and were outright; any mistaken belief by the Intervenor was not causative or sufficiently grave to warrant repayment under equitable mistake.

Parties
1st Appellant / Intervenor / 2nd Respondent: Felicite Terrill Perez De La Sala; 2nd Appellant / Applicant / 2nd Respondent: James Morgan Copinger-Symes; 1st Respondent: Maria-Christina De La Sala; 3rd Respondent: Dexfield Limited
Jurisdiction
England and Wales
Judgment Date
17 March 2026
Procedural Posture
Appeal / Judgment
Outcome
Appeals dismissed; consent order set aside; Intervenor’s claim for repayment of gifts dismissed.
Legal Topics
Financial Remedy Proceedings, Non Disclosure, Consent Orders, Mistake in Gifts, Failure of Basis, Unjust Enrichment
Family Law Equity Financial Remedy Proceedings Non Disclosure Consent Orders Mistake in Gifts Failure of Basis Unjust Enrichment

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Parties

Felicite Terrill Perez De La Sala

1st Appellant / Intervenor / 2nd Respondent

James Morgan Copinger-Symes

2nd Appellant / Applicant / 2nd Respondent

Maria-Christina De La Sala

1st Respondent

Dexfield Limited

3rd Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether deliberate material non-disclosure by the husband justified setting aside the consent financial remedy order
  2. 2 Whether gifts made by the wife’s mother to the husband were conditional or subject to equitable mistake warranting repayment

Ratio Decidendi

Deliberate material non-disclosure by the husband regarding substantial gifts from the wife’s parents was material and justified setting aside the consent financial remedy order. The gifts were not conditional and were outright; any mistaken belief by the Intervenor was not causative or sufficiently grave to warrant repayment under equitable mistake.

Court Disposition

Appeals dismissed; consent order set aside; Intervenor’s claim for repayment of gifts dismissed.

Orders

  • March 2022 consent financial remedy order set aside for material non-disclosure.
  • Intervenor’s application for repayment of gifts dismissed.