HP v AP

HP v AP

The applicant failed to establish material non-disclosure. The loans were historic, settled long before proceedings, and would not have materially affected the outcome or the parties' positions in 2017. There was no duty to disclose such remote transactions, and their existence would not have changed the substance of the agreement reached. The application to set aside the consent order is dismissed.

Parties
Applicant: HP; Respondent: AP
Jurisdiction
England and Wales
Judgment Date
31 March 2023
Procedural Posture
Family Financial Remedy / Judgment After Contested Hearing on Application to Set Aside Consent Order and Cross Application for Order for Sale
Outcome
Application to set aside consent order dismissed; order for sale granted
Legal Topics
Setting Aside Consent Orders, Non Disclosure in Financial Remedy Proceedings, Enforcement of Deferred Charges, Undue Influence
Family Law Setting Aside Consent Orders Non Disclosure in Financial Remedy Proceedings Enforcement of Deferred Charges Undue Influence

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Parties

HP

Applicant

AP

Respondent

Procedural Posture

Family Financial Remedy / Judgment After Contested Hearing on Application to Set Aside Consent Order and Cross Application for Order for Sale

Legal Issues

  1. 1 Whether the respondent was guilty of material non-disclosure justifying setting aside the 2018 consent order
  2. 2 Whether the applicant is entitled to set aside the consent order under FPR 2010 r.9.9A(2)
  3. 3 Whether the respondent is entitled to an order for sale of the former matrimonial home

Ratio Decidendi

The applicant failed to establish material non-disclosure. The loans were historic, settled long before proceedings, and would not have materially affected the outcome or the parties' positions in 2017. There was no duty to disclose such remote transactions, and their existence would not have changed the substance of the agreement reached. The application to set aside the consent order is dismissed.

Court Disposition

Application to set aside consent order dismissed; order for sale granted

Orders

  • Application to set aside the consent order dated 26 April 2018 is dismissed
  • Order for sale of the former matrimonial home on conventional terms