James Morgan Copinger-Symes v Maria-Christina Copinger-Symes & Anor

James Morgan Copinger-Symes v Maria-Christina Copinger-Symes & Anor

The March 2022 consent order is set aside due to the husband's material non-disclosure of his knowledge, prior to the sealing of the order, that he would receive substantial gifts from the wife's parents; this information was material and would have affected the negotiations and outcome of the financial remedy proceedings.

Parties
Applicant: James Morgan Copinger-Symes; First Respondent: Maria-Christina Copinger-Symes; Second Respondent: Dexfield Limited; Intervenor: Felicite Terrill Perez De La Sala
Jurisdiction
England and Wales
Judgment Date
13 February 2025
Procedural Posture
Financial Remedies (family) / Post Final Order, Set Aside Application, Intervention, Enforcement
Outcome
March 2022 consent order set aside; intervenor's application dismissed; further directions to be given.
Legal Topics
Financial Remedies, Material Non Disclosure, Barder Event, Mistake, Failure of Basis, Enforcement, Intervention, Consent Order, Disclosure Duties
Family Law Financial Remedies Material Non Disclosure Barder Event Mistake Failure of Basis Enforcement Intervention +2 more

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Parties

James Morgan Copinger-Symes

Applicant

Maria-Christina Copinger-Symes

First Respondent

Dexfield Limited

Second Respondent

Felicite Terrill Perez De La Sala

Intervenor

Procedural Posture

Financial Remedies (family) / Post Final Order, Set Aside Application, Intervention, Enforcement

Legal Issues

  1. 1 Whether the March 2022 consent order should be set aside for material non-disclosure
  2. 2 Whether the intervenor's gifts to the husband should be returned on grounds of failure of basis or mistake
  3. 3 Whether the wife is entitled to further financial remedy due to gifts received by the husband

Ratio Decidendi

The March 2022 consent order is set aside due to the husband's material non-disclosure of his knowledge, prior to the sealing of the order, that he would receive substantial gifts from the wife's parents; this information was material and would have affected the negotiations and outcome of the financial remedy proceedings.

Court Disposition

March 2022 consent order set aside; intervenor's application dismissed; further directions to be given.

Orders

  • March 2022 financial remedies consent order set aside for material non-disclosure.
  • Intervenor's application for return of gifts dismissed.