KG v LG (appeal out of time : material non-disclosure)

KG v LG (appeal out of time : material non-disclosure)

The Husband breached his obligation to give full and frank disclosure prior to the June 2010 consent order. The non-disclosure was material, as the existence of significant assets in the HA and EA Trusts would have affected the outcome. The Wife did not delay unreasonably in making her application once she discovered the true position. Accordingly, the consent order must be set aside.

Parties
Applicant: KG; Respondent: LG
Jurisdiction
England and Wales
Judgment Date
08 July 2015
Procedural Posture
Family Law Financial Remedy (divorce) / Application for Permission to Appeal Out of Time and Substantive Appeal
Outcome
Appeal allowed; consent order set aside
Legal Topics
Non Disclosure, Consent Orders, Financial Remedy, Trusts in Divorce, Material Non Disclosure, Delay in Application
Family Law Non Disclosure Consent Orders Financial Remedy Trusts in Divorce Material Non Disclosure Delay in Application

Case Brief

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Parties

KG

Applicant

LG

Respondent

Procedural Posture

Family Law Financial Remedy (divorce) / Application for Permission to Appeal Out of Time and Substantive Appeal

Legal Issues

  1. 1 Whether the Husband failed to make full and frank disclosure of material financial information prior to the consent order of 1st June 2010
  2. 2 Whether the non-disclosure was material to the outcome of the financial remedy proceedings
  3. 3 Whether the Wife delayed unreasonably in making the application to set aside the consent order

Ratio Decidendi

The Husband breached his obligation to give full and frank disclosure prior to the June 2010 consent order. The non-disclosure was material, as the existence of significant assets in the HA and EA Trusts would have affected the outcome. The Wife did not delay unreasonably in making her application once she discovered the true position. Accordingly, the consent order must be set aside.

Court Disposition

Appeal allowed; consent order set aside

Orders

  • Permission to appeal out of time granted
  • Appeal allowed