*sm*In the Court of Appeal (Civil Division)- On Appeal from the High Court Family Division- FD02D03678*em*
Duncan Lewis Solicitors, appealed in the case of Gohil v Gohil whereby the Appellant (the husband) was seeking to overturn the High Court's decision to allow the Respondent's (the wife) application to set aside a Consent Order concluding their financial remedy proceedings in 2004.
The Court of Appeal allowed the appeal. Consequently the granting of the appeal set aside the judge’s initial order and was replaced with an order dismissing the wife’s application, bringing an end to proceedings first brought by the wife in 2006.
The Court of Appeal re-iterated that the correct tests to be applied in setting aside an Order were as detailed in the case of Livesey v Jenkins UKHL 3 (13 December 1984), whereby the Court must first determine whether there has been material non-disclosure and secondly, if so, determining whether the original order should be set aside. The Court of Appeal clearly stated that it was not open to the Judge to simply set aside an order on the sole basis that fresh evidence existed without that evidence having first been tested by the Court. The Court of Appeal also made observations in relation to the linked confiscation proceedings and further details are contained within the Judgement itself.