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Is there something I should know? Disclosure and non-disclosure in the family court: Part 1
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In
NG v SG (Appeal: Non-Disclosure) [2011] EWHC 3270 (Fam) [2012] 1 FLR 1211 Mostyn J described non-disclosure as ‘the bane which strikes at the very integrity of the adjudicative process’ (para [1]). Without full disclosure the court ‘cannot … lawfully and properly exercise its powers’ (Lord Brandon in
Jenkins v Livesey (Formerly Jenkins) [1985] FLR 813 at 822) and is ‘thrown back on inference and guess-work within an exercise which inevitably costs a fortune and which may well result in an unjust result to one or other party’ (
NG v SG para [1]). As the Court of Appeal stated in
Charman v Charman (No 4) [2007] EWCA Civ 503 [2007] 1 FLR 1246 at para [67] ‘the starting point of every inquiry in an application [for] ancillary relief is the financial position of the parties. The inquiry is always in two stages namely computation and distribution; logically the former precedes the latter.’ How can a court proceed to distribute assets fairly if it has not been told what they are? On 14 October 2015 the Supreme Court decisions in
Sharland v... Read the full article here.
