BY v GC

BY v GC

The application to admit the FRP Advisory report was refused because the expert evidence was not necessary to assist the court to resolve the proceedings. The court found that the SJE valuation was sufficient for the broad assessment of fairness required in financial remedy cases, and admitting further expert evidence would jeopardise procedural fairness, risk adjournment, and was not justified by the nature of the challenges raised.

Parties
Applicant: GC; Respondent: BY
Jurisdiction
England and Wales
Judgment Date
24 July 2025
Procedural Posture
Financial Remedies Application / Interlocutory Application (daniels V Walker) Prior to Final Hearing
Outcome
Application refused
Legal Topics
Expert Evidence, Financial Remedies, Business Valuation, Case Management
Family Law Expert Evidence Financial Remedies Business Valuation Case Management

Case Brief

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Parties

GC

Applicant

BY

Respondent

Procedural Posture

Financial Remedies Application / Interlocutory Application (daniels V Walker) Prior to Final Hearing

Legal Issues

  1. 1 Whether permission should be granted for the applicant to rely on a sole expert report in addition to the single joint expert report under the principles of Daniels v Walker

Ratio Decidendi

The application to admit the FRP Advisory report was refused because the expert evidence was not necessary to assist the court to resolve the proceedings. The court found that the SJE valuation was sufficient for the broad assessment of fairness required in financial remedy cases, and admitting further expert evidence would jeopardise procedural fairness, risk adjournment, and was not justified by the nature of the challenges raised.

Court Disposition

Application refused

Orders

  • The applicant's application dated 1st July 2025 to rely on the FRP Advisory report is refused.
  • The additional information sent to FRP Advisory should be sent to PwC for consideration by the SJE.