P-S v C and M [2007] JRC 153 (08 August 2007)

P-S v C and M [2007] JRC 153 (08 August 2007)

Relief granted for valuation of husband's interest in CCB Group to be conducted as at the original trial date (April 2003), as only the lump sum award was set aside and fairness requires reassessment based on the true value at that time.

Citation
[2007] JRC 153
Parties
Petitioner: the wife; Respondent: the husband
Jurisdiction
Jersey
Judgment Date
08 August 2007
Procedural Posture
Matrimonial Ancillary Relief / Post Judgment Application for Re Determination of Lump Sum Award
Outcome
Application granted
Legal Topics
Ancillary Relief, Non Disclosure, Asset Valuation, Lump Sum Award
Family Law Ancillary Relief Non Disclosure Asset Valuation Lump Sum Award

Case Brief

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Parties

the wife

Petitioner

the husband

Respondent

Procedural Posture

Matrimonial Ancillary Relief / Post Judgment Application for Re Determination of Lump Sum Award

Legal Issues

  1. 1 Date for valuation of husband's assets following material non-disclosure
  2. 2 Scope of reassessment after original lump sum award set aside

Ratio Decidendi

Relief granted for valuation of husband's interest in CCB Group to be conducted as at the original trial date (April 2003), as only the lump sum award was set aside and fairness requires reassessment based on the true value at that time.

Court Disposition

Application granted

Orders

  • Valuation of husband's interest in CCB Group to be conducted on basis of evidence as at original trial date (April 2003) for purpose of re-determining lump sum award in favour of wife.