W v W

W v W

The respondent's Form E was deliberately false and misrepresented his financial position, warranting judicial censure and indemnity costs. The appropriate capitalisation of the wife's maintenance, based on her reasonable needs and security, is £560,000, calculated using a Duxbury rate of just over 3.25%. Anonymisation is granted exceptionally due to the parties' expectations, but future non-disclosers should not expect such indulgence.

Parties
Petitioner: W; Respondent: W
Jurisdiction
England and Wales
Judgment Date
09 October 2003
Procedural Posture
Ancillary Relief / Variation of Periodical Payments (family) / Final Judgment After Trial
Outcome
Lump sum of £560,000 awarded to W in substitution for periodical payments; arrears of £12,473 to be paid; indemnity costs of £71,100 ordered against H; judgment anonymised; permission to appeal refused.
Legal Topics
Ancillary Relief, Variation of Periodical Payments, Capitalisation of Maintenance, Disclosure Obligations, Costs in Family Proceedings, Anonymisation of Judgments
Family Law Ancillary Relief Variation of Periodical Payments Capitalisation of Maintenance Disclosure Obligations Costs in Family Proceedings Anonymisation of Judgments

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Parties

W

Petitioner

W

Respondent

Procedural Posture

Ancillary Relief / Variation of Periodical Payments (family) / Final Judgment After Trial

Legal Issues

  1. 1 Whether the respondent's Form E was deliberately false and misrepresentative
  2. 2 Proper approach to capitalisation of a periodical payments order
  3. 3 Appropriate quantum for capitalisation of maintenance

Ratio Decidendi

The respondent's Form E was deliberately false and misrepresented his financial position, warranting judicial censure and indemnity costs. The appropriate capitalisation of the wife's maintenance, based on her reasonable needs and security, is £560,000, calculated using a Duxbury rate of just over 3.25%. Anonymisation is granted exceptionally due to the parties' expectations, but future non-disclosers should not expect such indulgence.

Court Disposition

Lump sum of £560,000 awarded to W in substitution for periodical payments; arrears of £12,473 to be paid; indemnity costs of £71,100 ordered against H; judgment anonymised; permission to appeal refused.

Orders

  • Respondent to pay lump sum of £560,000 to applicant by 1 October 2003
  • Respondent to pay arrears of £12,473