Felicity Vosper Mostyn-Williams v Stephen Robert Pyers Mostyn-Williams

Felicity Vosper Mostyn-Williams v Stephen Robert Pyers Mostyn-Williams

The husband deliberately failed to disclose material information regarding his intentions and actions to sell ABC Ltd and recover children's shares before the final order was sealed. This non-disclosure was material and undermined the fundamental basis of the original order. The wife’s application to set aside the final order succeeds on grounds of material non-disclosure and supervening events. The wrong valuation ground fails.

Parties
Applicant: Felicity Vosper Mostyn-Williams; Respondent: Stephen Robert Pyers Mostyn-Williams
Jurisdiction
England and Wales
Judgment Date
17 May 2021
Procedural Posture
Financial Remedy Application (set Aside) / Post Judgment, Application to Set Aside Final Order, Judgment and Addendum
Outcome
Final order set aside; new lump sum and costs ordered.
Legal Topics
Non Disclosure, Misrepresentation, Supervening Events, Wrong Valuation, Enforcement of Orders, Costs
Family Law Matrimonial Property Financial Remedies Non Disclosure Misrepresentation Supervening Events Wrong Valuation Enforcement of Orders +1 more

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Parties

Felicity Vosper Mostyn-Williams

Applicant

Stephen Robert Pyers Mostyn-Williams

Respondent

Procedural Posture

Financial Remedy Application (set Aside) / Post Judgment, Application to Set Aside Final Order, Judgment and Addendum

Legal Issues

  1. 1 Whether the husband was culpable of deliberate non-disclosure or misrepresentation regarding intentions to sell ABC Ltd and recover children's shareholdings
  2. 2 Whether such non-disclosure was material to the outcome
  3. 3 Whether the sale of ABC Ltd and transfer of children's shares constituted supervening events undermining the basis of the original order

Ratio Decidendi

The husband deliberately failed to disclose material information regarding his intentions and actions to sell ABC Ltd and recover children's shares before the final order was sealed. This non-disclosure was material and undermined the fundamental basis of the original order. The wife’s application to set aside the final order succeeds on grounds of material non-disclosure and supervening events. The wrong valuation ground fails.

Court Disposition

Final order set aside; new lump sum and costs ordered.

Orders

  • Husband to pay wife a balancing lump sum of £2,081,618 within 14 days
  • Husband to pay arrears of maintenance of £25,691.89 within 14 days