Sharland v Sharland [2015] UKSC 60 – Law Journals

Financial provision: Dealing with reality

Helen Cort considers the circumstances in which an order may be set aside on the basis of non-disclosure and the crucial issue of the burden of proof On an application to set aside an order on the basis of fraud, the court has to stand in the shoes of the court which made the order …

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Set aside: Original thinking

Matt Vincent considers the circumstances in which a financial order may be set aside and the available scope in cases involving a significant change in asset values In CB v EB Mostyn J found that where there is an inconsistency between statute and a practice direction, it is the practice direction that must be declared …

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Variation: To vary or not to vary

Heather Souter summarises the key considerations on an application to vary a financial consent order and the approach of the courts Unless there has been a significant change of circumstance since the order was made, grounds for variation under s31, MCA 1973 seem hard to conceive. The full financial impact of the global pandemic is …

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Forensic experts: In-depth analysis

Nicola Wilburn-Shaw looks at the role of the forensic accountant in financial remedy proceedings, including potential issues that may be explored and possible solutions Practitioners should be alive to the relevance of Covid-19 and experts will most certainly, and indeed should, now incorporate a valuation in relation to both the pre and post Covid-19 trading …

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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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