ON v ON [2024] EWFC 379 (11 December 2024)

ON v ON [2024] EWFC 379 (11 December 2024)

The husband's deliberate failure to disclose material post-arbitration financial information constituted fraud, as the duty of full and frank disclosure continued until the court order was approved. The arbitral award was materially wrong and required adjustment to reflect updated business valuations and costs.

Source-derived case information.

Citation
[2024] EWFC 379
Parties
Applicant: ON; Respondent: ON
Jurisdiction
England and Wales
Judgment Date
11 December 2024
Procedural Posture
Financial Remedy Proceedings (family Law) / Post Arbitral Award, Application to Set Aside Award, Judgment on Fraudulent Non Disclosure
Outcome
Arbitral award set aside in part; wife awarded additional lump sum and costs; periodical payments order remains.
Legal Topics
Financial Remedy, Disclosure Duty, Fraudulent Non Disclosure, Arbitral Award Challenge, Costs Orders
Family Law Arbitration Financial Remedy Disclosure Duty Fraudulent Non Disclosure Arbitral Award Challenge Costs Orders

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Parties

ON

Applicant

ON

Respondent

Procedural Posture

Financial Remedy Proceedings (family Law) / Post Arbitral Award, Application to Set Aside Award, Judgment on Fraudulent Non Disclosure

Legal Issues

  1. 1 Whether there has been fraudulent non-disclosure by the husband
  2. 2 Whether non-disclosure was material to the arbitral award
  3. 3 What adjustment should be made to reflect non-disclosure

Ratio Decidendi

The husband's deliberate failure to disclose material post-arbitration financial information constituted fraud, as the duty of full and frank disclosure continued until the court order was approved. The arbitral award was materially wrong and required adjustment to reflect updated business valuations and costs.

Court Disposition

Arbitral award set aside in part; wife awarded additional lump sum and costs; periodical payments order remains.

Orders

  • Wife to receive £1.16 million additional lump sum, payable within 18 months, with interest at 4% per annum until due date, then Judgment Act rate.
  • Wife awarded £200,000 costs, payable within 28 days.