England and Wales Case Law

M K v S K

The court found H had not been truthful and had access to undisclosed assets via the A Trust, B Trust, or other structures. The A Trust is a resource available to H, and the trustees would act on his direction. Given incomplete evidence on the Group's value and H's non-disclosure, the court resolved the case by reference to W's needs, awarding her the house, payment of debts, and a capitalised lump sum for income needs.

Source excerpt

• Financial remedies
• Non-disclosure
• Trusts
• Needs principle
• Clean break
• Matrimonial causes act 1973

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ETL Holdings (UK) Ltd v Munn & Anor

ETL Holdings (UK) Ltd v Munn & Anor [2026] EWHC 860 (Ch) (17 April 2026)

The High Court assessed damages for breach of share-sale warranties, rejecting a hindsight-based reduction and awarding compensation for undisclosed liabilities and related costs.

• Breach of warranty
• Assessment of damages
• Share purchase agreement
• Non-disclosure
• Compensation
• Valuation of shares

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ETL Holdings (UK) Limited v Kenneth McGregor Munn & Anor

Assessment of damages for breach of warranty in a share purchase agreement. The court refused to reduce damages by later events and awarded the claimant damages and interest.

• Breach of warranty
• Assessment of damages
• Share purchase agreement
• Non-disclosure
• Compensatory principle
• Breach-of-warranty

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Nancy Carol Smithers & Anor v Persons Unknown Category 1 & Ors

The non-disclosure regarding the LIFO tracing methodology was innocent and did not cause prejudice; the court retains discretion and it would be disproportionate to discharge the injunction. The order should be continued as there is jurisdiction and no compelling reason to set it aside.

Source excerpt

• Freezing injunctions
• Non-disclosure
• Tracing cryptocurrency
• Jurisdiction
• Cross-undertaking in damages

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Kroupeeva v Kroupeev

Kroupeeva v Kroupeev [2026] EWFC 85 (25 March 2026)

Financial remedies judgment after a long marriage, finding the Rossini Trust/Waterford structure was a nuptial settlement, drawing adverse inferences from non-disclosure, and awarding the wife substantial capital and a lump sum.

• Financial remedies
• Non-disclosure
• Nuptial settlements
• Variation of trusts
• Adverse inferences
• Section 25 matrimonial causes act 1973

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Felicite Terrill Perez De La Sala & Anor v Maria-Christina De La Sala & Ors

The Court of Appeal upheld setting aside a consent financial remedy order for deliberate non-disclosure and rejected an intervenor’s bid to recover gifts from the husband.

• Financial remedy proceedings
• Non-disclosure
• Consent orders
• Mistake in gifts
• Failure of basis
• Unjust enrichment

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K v K

K v K [2026] EWFC 83 (B) (09 March 2026)

The Family Court dismissed the husband’s application to set aside a financial remedy consent order, rejecting claims of lack of capacity, duress, fraud, and non-disclosure.

• Financial remedy
• Consent orders
• Set aside applications
• Capacity
• Non-disclosure
• Fraud

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BY v CG (No. 3: Costs)

BY v CG (No. 3: Costs) [2026] EWFC 50 (03 March 2026)

The court ordered H to pay W £79,000 towards costs in these financial remedy proceedings, mainly because of a knowingly inaccurate Form E disclosure, but otherwise made no order.

• Financial remedies
• Costs orders
• Litigation conduct
• Non-disclosure
• Expert evidence
• Open offers

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MK v SK (Rev1)

MK v SK (Rev1) [2026] EWFC 28 (11 February 2026)

In this financial remedy case, the court found the husband had hidden assets through trusts and structures, drew adverse inferences for non-disclosure, and awarded the wife needs-based relief.

• Financial remedies
• Non-disclosure
• Trusts
• Asset division
• Matrimonial causes act 1973
• Adverse inferences

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Smithers & Anor v Persons Unknown Category 1 & Ors

Smithers & Anor v Persons Unknown Category 1 & Ors [2026] EWHC 207 (Comm) (23 January 2026)

The Commercial Court continued a crypto-related freezing injunction despite an innocent non-disclosure about tracing methodology, and allowed disclosure of holder identities to law enforcement.

• Freezing injunctions
• Tracing of cryptoassets
• Non-disclosure
• Jurisdiction
• Disclosure to law enforcement
• Freezing-injunctions

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