News

Sharland divorce case to be heard in Supreme Court in June 2015

  • October 01, 2014
  • By Hunters Law

Mrs Sharland was granted permission last month to take her divorce case to the Supreme Court after it was found that her husband misled both her and the High Court over the value of his company.

Mr and Mrs Sharland separated after 17 years of marriage. During the final hearing in the High Court the parties reached an agreement as to the division of their assets and the hearing was stopped and the agreement (and draft order) approved by the court.

Shortly afterwards (and before the order had been sealed) it emerged that, contrary to Mr Sharland’s evidence in court, he was preparing AppSense (a company in which he was a 2/3 shareholder) to float on the New York stock exchange, and that the company might be worth significantly more than the court and Mrs Sharland had been led to believe. In the end, the IPO never occurred.

Mrs Sharland made an urgent application to court not to progress the Order further and to resume the final hearing. The High Court judge found that, although Mr Sharland had lied to the court, the agreement should not be set aside because the court would not have made a substantially different award to the parties’ agreement if the truth had been known to the court.

Two of the three Court of Appeal judges upheld this decision. They agreed that Mr Sharland’s non-disclosure had been deliberate and dishonest but, because of the unusual circumstances of the case, his dishonesty had not resulted in significantly different outcome for the wife. Lord Justice Briggs took a difference view is his dissenting judgement and was concerned that it was contrary to the most basic principles of justice to uphold an agreement entered into on the basis of a fraudulent misrepresentation.

The Supreme Court has confirmed that the case raises a point of law of general public importance and will hear her appeal against the decision of Court of Appeal.

The Family department at Hunters await the Supreme Court decision in June next year and are following all the developments.

For more information or advice in relation to legal issues on relationship breakdown please contact the partner at Hunters having responsibility for your legal matters, or (for new enquiries) please contact a partner in the Family team.

Related News

Jun 22, 2021
Jo Carr-West and Lara Barton discuss CGT for divorcing couples in WealthBriefing’s Family Wealth Report
Jun 15, 2021
Eri Horrocks discusses what separated parents must consider when wanting to relocate within the UK
Jun 10, 2021
Henry Hood and Nicole Derham discuss what separated parents should be aware of when taking their children abroad on holiday in The Times
Jun 09, 2021
Amy Scollan comments on DIY and ‘quickie’ divorces and why they aren’t appropriate for UHNW clients in Citywealth
May 20, 2021
Henry Hood examines Frederick Barclay’s £100m divorce settlement following a High Court battle in EPrivateClient
May 17, 2021
Nicole Derham discusses separated parents taking their children abroad as international travel reopens
Apr 27, 2021
Eri Horrocks discusses arrangements for divorcing couples with pets during National Pet Month
Apr 26, 2021
Polly Atkins examines whether a former spouse can be required to pay rent pending the sale of the family home in STEP Journal+
Apr 22, 2021
Henry Hood comments on Tatiana Akhmedova winning a High Court lawsuit against son in £450m divorce battle in WealthBriefing
Apr 14, 2021
Jo Carr-West discusses a new approach to domestic abuse in the Family Court

© Hunters Law LLP 2021 | Privacy NoticeLegal & Regulatory | Cookies Policy | Complaints Procedure.

Hunters Law LLP is authorised and regulated by the Solicitors Regulation Authority (number 657218)