Gohil v Gohil [2014] EWCA Civ 274; [2015] UKSC 61 – Law Journals

Disclosure: Managing management

Eugenie Taylor looks at whether it is possible to exonerate a party from their duty of disclosure ‘It could not be right, if a finding was made that the deceased deliberately had misled the appellant and the court, for her conduct to be saved by a delay on the part of the appellant in discovering …

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Non-Disclosure: The Watergate effect

Max Lewis reflects on the impact of Sharland and Gohil and outlines the key points applied by the court in AB v CD ‘Inferences can be drawn from a failure to properly answer questions about post-order transactions that are adverse to what that party said about the position at the time of the order.’ It …

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Financial Provision: Two worlds

Fiona O’Sullivan, Mark Surguy and Gareth Griffiths compare and contrast the approaches to privacy and disclosure in family and commercial cases ‘Does the duty to make full and frank disclosure trump the employee or director’s duties to keep confidential information about the company confidential?’There is a tension between the duties owed by commercial entrepreneurs, who …

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Enforcement: A rare bird

Lottie Tyler considers whether a court-appointed receiver may be an overlooked method of enforcement, not an unjustifiable expense ‘The possibility of an order appointing a receiver can be a substantial threat to wield against a respondent who is used to enjoying autonomy and control in all aspects of their life.’ The decisions in Sharland v …

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Non-Disclosure: Facing the music

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Rebecca Harling highlights the consequences of material non-disclosure and the approach of the courts ‘The Supreme Court has confirmed that dishonest spouses found to have concealed their assets during the course of proceedings should not be allowed to benefit financially from their material non-disclosure or fraud.’ All parties to financial remedy proceedings are subject to …

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Trusts: An elaborate charade

Financial remedy case Joy v Joy-Morancho [2015] has valuable pointers for practitioners. Alexandra Hirst and Sofie Hoffman examine the outcome ‘The sensible approach must surely be to continue to tread carefully and advise trustees to be cautious when taking any steps which might render the trust susceptible to an argument that it has been nuptialised …

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Disclosure: Nowhere to run, nowhere to hide

Toby Hales analyses whether the Supreme Court decisions in Gohil and Sharland will finally cheat-proof family justice ‘While every divorcing or separating couple should be encouraged to settle their finances by agreement, the jurisdiction to make such an agreement into an order lies with the court and the court alone.’ There were more than a …

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Law Reform: Something for everyone?

James Brown summarises and comments on the key points in the final report of the Financial Remedies Working Group ‘The Financial Remedies Working Group has recognised that a successful aspect of the pilot scheme at the Central Family Court has been to dispense with a first appointment when both parties agree directions.’The final report of …

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Setting Aside: Half-truths

In the first of a two-part analysis, Claire Glaister and Frances Bailey look at the prospects of success when seeking to set aside an order on the basis of non-disclosure ‘The Court of Appeal stressed that there was no support in any of the authorities for the use of Ladd alone to form a jurisdiction …

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