Family Law Hub

Hamilton v Al Fayed [2002] EWCA Civ 665

Judgment, published: 31/12/2002

Items referring to this

  • Financial remedy proceedings had concluded in 2004 with the wife agreeing to a clean break despite her suspicions that the husband had not made a full disclosure of his assets. In 2007 the husband was found guilty of money laundering on a huge scale and was sentenced to 10 years in prison. During the criminal trial the wife learnt that non-disclosure had indeed occurred and applied to have the 2004 order set aside. Mr Justice Moylan, at first instance, did set aside one paragraph of the order, saying that he was satisfied that the husband had failed to give full and frank disclosure of his true financial circumstances during the course of the substantive ancillary relief proceedings, and that his failure was of sufficient materiality to justify granting the wife's application for a rehearing of her claim for financial relief. He was also satisfied that the principles of Ladd v Marshall were established in this case. The husband appealed on the bases that included: 1) A judge at first instance has no jurisdiction to set aside an order granting substantive financial relief made by another judge of equivalent status at first instance; 2) In any event, the judge, sitting at first instance, had no jurisdiction to proceed (as he purported to do) on the basis of the principles set out in Ladd v Marshall (which authority sets out principles upon which an appellate court may admit fresh evidence); 3) If the judge did have jurisdiction to set aside the original order on the basis of material non-disclosure, he could only properly exercise that jurisdiction once it had been proved that material non-disclosure had occurred. The appeal was allowed. Judgment, 13/03/2014, free
  • Judgment, 08/11/2012, free

Published: 31/12/2002

Copyright 

Copyright in the original legal material published on the Family Law Hub is vested in Mills & Reeve LLP (as per date of publication shown on screen) unless indicated otherwise.

Disclaimer

The Family Law Hub website relates to the legal position in England Wales and all of the material within it has been prepared with the aim of providing key information only and does not constitute legal advice in relation to any particular situation. While Mills & Reeve LLP aims to ensure that the information is correct at the date on which it is added to the website, the legal position can change frequently, and content will not always be updated following any relevant changes. You therefore acknowledge and agree that Mills & Reeve LLP and its members and employees accept no liability whatsoever in contract, tort or otherwise for any loss or damage caused by or arising directly or indirectly in connection with any use or reliance on the contents of our website except to the extent that such liability cannot be excluded by law.

Bookmark this item