When will the court set aside a settlement for non-disclosure?

Table of contents

• Original news
• What is the significance of this decision?
• Under what circumstances can a party apply for a hearing to be resumed?
• What does this case tell us about the court’s approach to fraudulent non-disclosure?
• What are the potential consequences of non-disclosure, fraudulent non-disclosure and perjury in such cases?
• What is the significance of the comments made by Briggs LJ?

Article summary

Family analysis: Discussing the Court of Appeal’s judgment in Sharland, Beth Wilkins, partner at JMW Solicitors, highlights that when considering whether an order should be set aside on the basis of non-disclosure, the critical factor is whether the court would have made a substantially different order if the facts had been disclosed.