• Skip to primary navigation
  • Skip to main content
  • Skip to footer
Logo
  • About Us
  • Home
  • Debt Purchasers
    • Arrow Global
    • Cabot Credit Management Group
    • Hoist Finance UK
    • Idem Capital Securities
    • Intrum UK Finance
    • Lowell Portfolio
    • PRA Group
    • Debt Purchasers – General
  • Notable Cases
  • Guides
    • Links
  • Wills and Probate
    • LPA – Lasting Power of Attorney
    • Michele Henderson Wills and Estates
    • Asset Preservation Trust Wills
    • Contested Wills
  • Blog
  • Pricing
  • Contact Us
    • Meet The Team
    • Job Vacancies
    • Pet Corner
    • Reviews

News · February 17, 2023

Probate Case Decision

 

EWCA grants wife deceived by husband’s non-disclosure chance to revise consent order

Thursday, 16 February 2023
Julia Goddard-Watts (the appellant) has won the first stage of her appeal against an England and Wales Family Court (EWFC) judgment that left her with less than 10 per cent of the assets from her 14-year marriage to businessman James Goddard-Watts (the respondent).
Divorce scrabble

The appellant had accepted this division of the assets, keeping the family home while her husband retained his business interests, in a consent order when they divorced in 2010. This order gave her GBP7.6 million in money or ‘moneys-worth’ and the respondent received the equivalent of approximately GBP9 million. However, the appellant later discovered that the respondent had failed to disclose substantial assets held in trusts of which he was admitted to be the principal beneficiary. In 2016, she successfully applied to have the consent order set aside and was awarded an additional GBP6 million to compensate for the non-disclosure.

However, it then emerged that the respondent had still not revealed the full extent of his worth, in particular the likely proceeds of the impending sale of his business. The associated share disposals could amount to between GBP25 million and GBP75 million. In 2018, the appellant again went to court to have the second award set aside. This request was granted the following year.

A further hearing was held in the EWFC in 2022 to determine yet another award for her. It was heard by Cohen J, who decided not to start with a clean sheet on how the assets should be divided but took the limited approach used in the 2011 case of Kingdon v Kingdon, with consideration given only to the non-disclosed assets.

Cohen observed that the dispute between the couple was now purely about the value and realisation of the respondent’s shares, which had not been an issue at the time of the original consent order in 2010. The appellant had received her fair share of the non-disclosed trusts in 2016 and her share of the other assets in 2010, said Cohen. He based the additional award of GBP1.1 million he gave her only on his assessment of her needs, rather than the extra GBP13 million she was claiming. He noted that the respondent’s company had come close to insolvency in late 2019–20, in which case the respondent would not have been able to resuscitate a claim against the appellant. ‘He took the shares in the company as part of the settlement and whether the company succeeded or failed would have made no difference to the outcome of the case. This illustrates that the sharing of the company took place in 2010 and there is no cause to revisit.’

The England and Wales Court of Appeal (EWCA) has now overturned Cohen’s ruling. It found he was wrong to take the Kingdon approach and that in non-disclosure cases the court retains a flexibility to adapt its approach to the individual case. It would be ‘wholly unjust’ to disregard the husband’s fraud, said the EWCA.

‘I regard the husband’s fraudulent non-disclosure in 2016, particularly when seen in the context of his previous fraudulent non-disclosure, to be so far reaching that it positively required the judge to consider “the entire financial landscape” completely anew’, said Macur LJ, giving the EWCA’s unanimous judgment.

Accordingly, the EWCA allowed the appeal and referred the case back to the EWFC for a further full hearing (Goddard-Watts v Goddard-Watts [2023] EWCA Civ 115).

Sources

  • BAILII
  • Irwin Mitchell
  • Daily Mail

Filed Under: News

Previous Post: « Decisive Win Against PRA
Next Post: Contentious Probate Case »

Footer

Joanna Connolly Solicitors

We specialise in consumer credit, with many years of experience, and unparalleled success in this complex field. We offer friendly help and advice, with affordable fixed fees. Unlike most solicitors, we never act for banks and lenders.

  • Experts in our field
  • Approachable and friendly
  • Fixed fees

Contact Us

  • 123 Main Street, Frodsham, Cheshire, WA6 7AF
  • 0330 053 9340
  • Monday-Friday 9.00-17.00
  • [email protected]
    (Not for service)
  • If you are a client and we have made a contract with you by electronic means you may be entitled to use an EU online dispute resolution service to assist with any contractual dispute you may have with us. This service can be found at https://ec.europa.eu/odr. Our email address is [email protected]
    (Not for service).

Connect With Us

  • Facebook
  • LinkedIn
  • Twitter

SRA Badge

Find Us

JCS Law Ltd trading as Joanna Connolly Solicitors · co registration number 12063047 · Registered address 123 Main Street, Frodsham, WA6 7AF · Authorised and regulated by the Solicitors Regulation Authority of England and Wales with registered number 660122
Copyright © 2025 ·Privacy Policy ·Complaints Procedure· Website hosting by Lift Legal Marketing · Login

This site tracks visits anonymously using cookies. Close this dialogue to confirm you are happy with that or find out more in the Privacy Policy. Agree and close
Privacy & Cookies Policy

Privacy Overview

This website uses cookies to improve your experience while you navigate through the website. Out of these, the cookies that are categorized as necessary are stored on your browser as they are essential for the working of basic functionalities of the website. We also use third-party cookies that help us analyze and understand how you use this website. These cookies will be stored in your browser only with your consent. You also have the option to opt-out of these cookies. But opting out of some of these cookies may affect your browsing experience.
Necessary
Always Enabled
Necessary cookies are absolutely essential for the website to function properly. This category only includes cookies that ensures basic functionalities and security features of the website. These cookies do not store any personal information.
Non-necessary
Any cookies that may not be particularly necessary for the website to function and is used specifically to collect user personal data via analytics, ads, other embedded contents are termed as non-necessary cookies. It is mandatory to procure user consent prior to running these cookies on your website.
SAVE & ACCEPT