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(Family Division, Mostyn J, 26 October 2012)
During financial proceedings the wife claimed the husband and a business associate had fraudulently constructed an agreement which effectively removed the majority of the family assets from the divorce proceedings and that once they were completed the assets would return to the husband.
The husband asserted that the wife was barred from pursuing her claim by the operation of the doctrine of res judicata and that she was barred from running a case of add back in relation to losses suffered by him and, therefore, the family arising from the enforcement of the agreement.
Following the ruling in Henderson v Henderson it could not be argued that the husband would be unjustly harassed if the wife were permitted to put forward her case in financial remedy proceedings.
The Red Book is the acknowledged authority on practice and procedure