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(Family Division; 4 December 2007; Baron J)
While presenting a wholly false claim in ancillary relief proceedings might not, of itself, lead to an enhanced award, the husband's actions in this case had led to an horrendous and wasteful erosion of the asset base, because costs of some £4 million had been incurred, that is about 40% of the total asset base. The husband had engaged in a conspiracy intended to deceive the wife and the court. The husband's conduct, although in one sense litigation conduct, was so gross that it had become conduct which it would be inequitable to disregard, within Matrimonial Causes Act 1973, s 25 (1)(g), and could not fairly be compensated by a costs order alone.
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