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20.10.2015

Mackay could be first case to apply Supreme Court ruling regarding material non disclosure

Mr and Mrs Mackay negotiated a consent order which was finalised in November 2014. Mrs Mackay then sought to reopen her financial claims on the basis that she believed that her husband had not been honest about his financial position at the time, particularly in relation to the valuation of his shareholding in his business. This matter, being heard in the High Court is likely to be the first case to apply the reasoning used in the recent Supreme Court judgments of Sharland and Gohil.

Mr Justice Holman, who later recused himself from the case, stated of the matter: "If that order is set aside, then she seeks a reconsideration of her claims for financial provision and, obviously, a significantly higher award than that which was agreed."

Giles Mackay may be forced to give his ex-wife Caroline “a significantly higher award” after she alleged he undervalued his stake in a property data firm, a judge has said.

The High Court delayed analysing their case to await the result of this week’s Supreme Court ruling over two wives who said their ex-husbands had misled judges about how much they were worth”