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Articles

Monday, 19 October 2015

Sharland & Gohil – the effects of divorce and non disclosure

As anyone in the matrimonial legal world and anyone going through the difficult process of divorce will note, there has been a significant development in the case law surrounding disclosure of finances during the divorce process.

The ex wives of Messrs’ Sharland and Gohil have been locked in a lengthy legal battle to have their financial settlements re-visited, so that they can have the figures re-examined and (hopefully) a more favourable outcome reached. They have done so based on the deliberate non-disclosure of information which would have had a material impact on the settlement, had it been known at the time. There had been appeal after appeal, all the way up to the Supreme Court, the highest court in the land.

Thursday, 1 October 2015

An Overview of Freezing Orders

It can be incredibly frustrating for a claimant to spend a lengthy amount of time locked in a legal battle to chase a claim and to be successful in that battle only to then discover that the defendant has arranged their assets in such a way  that they can no longer be recovered.

A Freezing Order (previously known as a Mareva Injunction) can be used in court to prevent a defending party from disposing or handling their assets to frustrate the claimant’s recovery of said assets.