AB v CD

AB v CD

The wife failed to disclose Odey Asset Management's £3.5 million investment in B Ltd prior to the consent order. This non-disclosure was material, as it deprived the applicant of the opportunity to make an informed decision and affected the fairness of the order. The consent order is set aside.

Parties
Applicant: AB; Respondent: CD
Jurisdiction
England and Wales
Judgment Date
11 January 2016
Procedural Posture
Application to Set Aside Consent Order (financial Remedy) / Final Judgment
Outcome
Consent order dated 10 April 2012 set aside.
Legal Topics
Non Disclosure, Consent Orders, Materiality, Duty of Disclosure, Set Aside Applications
Family Law Matrimonial Property Financial Remedies Non Disclosure Consent Orders Materiality Duty of Disclosure Set Aside Applications

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Parties

AB

Applicant

CD

Respondent

Procedural Posture

Application to Set Aside Consent Order (financial Remedy) / Final Judgment

Legal Issues

  1. 1 Whether the wife failed to make full and frank disclosure regarding B Ltd and the Odey investment at the time of the consent order
  2. 2 Whether such non-disclosure was material to the outcome
  3. 3 Whether the consent order should be set aside

Ratio Decidendi

The wife failed to disclose Odey Asset Management's £3.5 million investment in B Ltd prior to the consent order. This non-disclosure was material, as it deprived the applicant of the opportunity to make an informed decision and affected the fairness of the order. The consent order is set aside.

Court Disposition

Consent order dated 10 April 2012 set aside.

Orders

  • Matter to be relisted for further directions and possible substitution of a new order.
  • Costs and further case management to be considered at next hearing.