Referral to Supreme Court provides new hope of major decision with consequences for High Net Worth individuals who hide their wealth on divorce -
Collins Solicitors today commented on a decision relating a major divorce case in the UK. Alison Sharland has been given leave to appeal against the Court of Appeal’s decision which found in favour of her divorce settlement when it was acknowledged by the judge that her husband had fraudulently misrepresented, both to her and the High Court, the value of his company.
In the High Court, the Judge, Sir Hugh Bennett, understood and accepted that Mr. Sharland had concealed information and lied to the court, but refused to set aside the agreement. Mrs Sharland appealed to the Court of Appeal but her appeal was dismissed by a majority of 2 to 1. Of the three Appeal Court judges, one, Lord Justice Briggs, stated that the husband’s fraud undermined the whole agreement and that as a matter of public policy the courts processes must be protected from fraud.
Des Collins, Senior Partner of Collins Solicitors, representing Michelle Young in her attempts to recover her part of the settlement following her divorce from Scott Young, commented:
“Fraud is fraud. If the fraud had related to a commercial matter in this case, it would have been thrown out; and no doubt a case of perjury could have been considered. The time has come for all matters in the family courts including the cases of the Sharlands and the Youngs to be subject to the same transparency as commercial decisions; and for the inherent injustice of non-disclosure and wilfully hiding assets to be dealt with firmly by the courts.”
For further information, please contact:
M) 07831 522 540
T) 01923 223 324
M) 07540 531 753
T) 01923 223 324