Cathcart v Owens [2021] EWFC 86

Date of case: 12 October 2021

Case reference: [2021] EWFC 86

Acting for the wife in an application by husband for set aside on the basis of allegedly fraudulent non-disclosure some 19 years after the consent order. The wife applied to strike out the husband’s claim and further to summarily dispose of the same. In dismissing the husband’s claim, the court considered the ambit of the duty of non-disclosure, the use of a ‘summary’ procedure to dispose of set aside claims, and the legal test for cases of fraudulent non-disclosure.

Bailii report: https://www.bailii.org/ew/cases/EWCA/Civ/2021/1305.html

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