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The duty of financial disclosure
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Tracey Dargan Associate Irwin Mitchell LondonThe subject of disclosure is currently a hot topic in family law particularly as a result of the Court of Appeal decision in the case of
Sharland v Sharland [2014] EWCA Civ 95 [2014] 2 FLR 89. In this case the husband had failed to disclose either before the final hearing or during his oral evidence that preparations were underway for an IPO of his company. The wife compromised her claims during the course of the hearing based on the valuations of the expert accountants who were also unaware of the IPO but sought to reopen the case when she discovered the truth. The judge refused her application concluding that the husband had been dishonest but that on the facts as they now stood he would not have made a different order. The Court of Appeal upheld the decision by a majority and Mrs Sharland has now obtained permission to appeal to the Supreme Court which is expected to be heard in June 2015.
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