Read the full judgment text of FCMC 9657/2016 on BabelCite. This Family Court judgment was delivered on 30 November 2021 before His Honour Judge G. Own.
Expert evidence – French Law – Pre-Nuptial Agreement – Consent Order – Materiality – Civil Justice Reform – Delay – Setting aside – Matrimonial Causes – District Court – Application for leave to adduce expert evidence on French Law regarding Pre-Nuptial Agreement in matrimonial proceedings – Whether expert evidence on French Law is required for determining the issue of alleged misrepresentation and/or failure in full and frank disclosure – No; expert evidence on French Law is not required for determining the issue of alleged misrepresentation and/or failure in full and frank disclosure – Whether the 2 facts which H is now complaining W had misrepresented him and/or failed to fully and frankly disclose to him during the course of negotiation passes the materiality test – No; H had failed the materiality test on the alleged non-disclosure of W's relationship with T and W's planned relocation with the 2 children – Whether this Court could form a clear and definitive view as to the relevance of the expert evidence which H is now seeking to adduce to the issues that need to be resolved and that such expert evidence was reasonably required of and would be helpful to the Court in arriving at its decision on those issues – No; the expert evidence on French Law was not required or helpful to the Court in determining the issue of the alleged misrepresentation and/or non-disclosure of material facts in the HCA – Whether there are any other relevant circumstances, such as prejudice or delay, which may undermine the objectives aimed by the spirit of the CJR if the court is to grant leave for adducing the expert evidence when a prima facie case for admission was made out – Yes; granting expert evidence directions to H at this stage would be against the objectives of reasonable proportionality and procedural economy under the CJR – Application for leave to adduce expert evidence dismissed; H pays W the costs of the application; Certificate for two Counsel granted; Costs order nisi.
Legal issues: Relevance of expert evidence to fact-finding on misrepresentation · Materiality of alleged non-disclosure · Relevance of French Law expert evidence to the issues · Delay and CJR objectives
Outcome: Application for leave to adduce expert evidence dismissed.
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