header-logo header-logo

22 February 2023
Issue: 8014 / Categories: Legal News , Disclosure , Divorce
printer mail-detail

Husband’s failure to disclose leaves wife in 13-year legal limbo

A family judge was wrong to take a limited approach in a case concerning an ex-husband’s deliberate and repeated non-disclosure of assets, the Court of Appeal has held.

The judge was deciding for the third time how the assets should be divided, in a long-running case where the initial order was set aside after it emerged the husband failed to disclose trust assets. The second order was later set aside after it emerged that he failed to disclose a sale of shares in his business worth £25m and potentially a further £75m.

Rather than start from scratch in the long-running case, the judge decided to follow the approach of Kingdon v Kingdon [2010] EWCA Civ 1251 and restrict his consideration only to the non-disclosed assets, leaving the rest of the award as it was. He made an additional award based on his assessment of the wife’s needs.

On appeal, at Goddard-Watts v Goddard-Watts [2023] EWCA Civ 115, Lady Justice Macur noted ‘there continues to be a dearth of authority as to the fair disposal of financial claims when earlier orders have been set aside because of fraudulent non-disclosure’.

However, she held that, while the court retains a flexibility to adapt its approach to the individual case in circumstances involving fraudulent non-disclosure, the Kingdon approach was the wrong one in Goddard-Watts since it could not be confined to a single issue. She held the husband’s fraud ‘provides the “glass” through which to address the unnecessary delay in achieving finality of the wife’s overall claim’.

Therefore, the judge should have reconsidered the wife’s application completely.

Ros Bever, partner at Irwin Mitchell, who represented the wife, said: ‘It would have been unjust and would send entirely the wrong message to allow Mr Goddard-Watts to profit in light of his deliberate failure to disclose. For justice to be done the court has to look at the complete picture and Mrs Goddard-Watts deserves and is entitled to that.’

Issue: 8014 / Categories: Legal News , Disclosure , Divorce
printer mail-details

MOVERS & SHAKERS

Weightmans—Jason Slatcher

Weightmans—Jason Slatcher

Weightmans appoint new Chief Technology Officer

Mishcon de Reya—trainees

Mishcon de Reya—trainees

Mishcon de Reya announces trainee retention rate of 86%

Sackers—Charlotte Adams & Fraser Sutton

Sackers—Charlotte Adams & Fraser Sutton

Sackers welcomes two new Graduate Solicitor Apprentices

NEWS
LexisNexis will mark the 80th anniversary of Shawcross and Beaumont on Air Law with a live podcast exploring the evolution of aviation law from the Chicago Convention to the challenges facing modern aerospace, taking place on Tuesday 29 September
Harmony Christian Ministries is the latest charity to benefit from a £500 donation from AlphaBiolabs via the company’s Giving Back initiative
Indemnity costs remain exceptional, but parties cannot ignore a case that deteriorates around them. In Lawrence v Associated Newspapers, Mr Justice Nicklin ordered the claimants to pay indemnity costs after finding their conduct, viewed cumulatively, fell ‘well outside the norm’
Public law is in flux following reversals and robust appellate intervention, according to the latest public law update by the team at HSFK for NLJ
Neurotechnology is turning the human mind into an operational domain, exposing gaps in the laws of war
back-to-top-scroll