Xydhias v Xhdhias, Court of Appeal - Civil Division, December 21, 1998, [1999] 2 AER 386,[1999] 2 All ER 386,[1999] Fam Law 301,[1999] 1 FLR 683,[1998] EWCA Civ 1966,[1999] 1 FCR 289

Reporting Judge: [1999] 2 AER 386,[1999] 2 All ER 386,[1999] Fam Law 301,[1999] 1 FLR 683,[1998] EWCA Civ 1966,[1999] 1 FCR 289

President: Xydhias v Xhdhias

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Extract

Xydhias v Xhdhias, Court of Appeal - Civil Division, December 21, 1998, [1999] 2 AER 386,[1999] 2 All ER 386,[1999] Fam Law 301,[1999] 1 FLR 683,[1998] EWCA Civ 1966,[1999] 1 FCR 289

CCFMI 98/0529/2

IN THE SUPREME COURT OF JUDICATURE

IN THE COURT OF APPEAL (CIVIL DIVISION)

ON APPEAL FROM BIRMINGHAM COUNTY COURT

(HIS HONOUR JUDGE HAMILTON)

Royal Courts of Justice

Strand, London WC2A 2LL

Monday, 21st December 1998

B e f o r e:

LORD JUSTICE STUART-SMITH

LORD JUSTICE THORPE

and

LORD JUSTICE MUMMERY

____________

HARRY COSTAS XYDHIAS Appellant

CHRISTALLA XHDHIAS Respondent

------------

(Handed down transcript of

Smith Bernal Reporting Limited

180 Fleet Street, London EC4A 2HD

Tel: 0171 421 4040 Fax: 404 1424

Official Shorthand Writers to the Court)

---------------

PATRICK ECCLES QC & EDWARD HESS (instructed by Messrs Blakemores of Leamington Spa, CV32 5QL) appeared on behalf of the appellant.

MICHAEL HOROWITZ QC & TIMOTHY BISHOP (instructed by Messrs Mercy Messenger of Solihull, B93 0LL) appeared on behalf of the respondent.

____________

J U D G M E N T

(As approved by the court)

LORD JUSTICE THORPE:

The History

Mr and Mrs Xydhias married in 1977 and have three children, only two of whom are now minors. In June 1994 Mrs Xydhias, the wife, petitioned for divorce and in April 1995 filed her application for ancillary relief. The subsequent progress of that application towards final hearing was bedevilled by the husband's breach of his duty to make full and frank disclosure. A penal notice was necessary to compel his affidavit of July 1995. The document itself was incomplete and misleading. The inevitable result was a string of questionnaires, directions hearings and production appointments. By those means sufficient information materialised to enable the wife's solicitors to obtain a three day fixture for trial commencing 2nd September 1996. In August each side filed a report from a forensic accountant. The wife's expert assessed the husband's worth at £2.25M. The husband's expert assessed his worth at about £1.1M. The experts broadly agreed that he had a net income of about £70K a year.

Obviou...

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