Kingdon v Kingdon [2010] EWCA Civ 1251

Non-disclosure: Double trouble

Frederick Tatham analyses the unusual circumstances that led to a final order being set aside twice on the basis of material non-disclosure ‘An order will only be set aside for innocent non-disclosure if the court would have made a substantially different order if the relevant facts had been disclosed.’ In what is believed to be …

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Set aside: Dealing with dishonesty

Matthew Taylor analyses a case involving an order obtained by fraudulent conduct and the steps that may be taken by the court in such cases ‘If fraud is established, the order must be set aside unless the court is satisfied that the fraud would not have influenced a reasonable person to enter into the order …

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Forensic Accountancy: Family fortunes

Kathryn Britten and Annette Barker set out the role of the forensic accountant in analysing financial information ‘The days of a forensic accountant being appointed as an expert witness solely to opine on one or both of the parties’ financial positions at the trial stage are long gone.’ While the world’s economic landscape is ever-changing, …

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Disclosure: A second bite

Kirstie Gibson outlines the differences between applications to set aside and appeals in the light of recent Court of Appeal decisions ‘The sharing principle should not be imposed on other starting points in relation to particular types of assets, depending on whether they were matrimonial or non-matrimonial.’ The recent Court of Appeal decision in Kingdon …

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