Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Non-disclosure definition

What does Non-disclosure mean? In insurance practice, non-disclosure is the insured’s failure to share a material fact before inception, renewal or variation that would have influenced the insurer’s assessment of the risk, the policy terms or the premium. The expression is descriptive rather than a defined term; the applicable duties and remedies arise from legislation and case law. In England & Wales, Scotland and Northern Ireland, consumer insurance is governed by the Consumer Insurance (Disclosure and Representations) Act 2012: there is no general duty to volunteer information; the consumer must take reasonable care not to misrepresent when answering the insurer’s questions. For...

Setting aside financial remedy orders (England and Wales): scope, grounds (FPR 9.9A, Thwaite, Barder), absent/without notice orders, capacity, undertakings, procedure and costs

Published by a LexisNexis Family expert

Practice notes

Practice Note

This Practice Note outlines the extent of the court’s jurisdiction to Set aside a financial remedy order and distils the bases on which such an application can be pursued. It additionally addresses, in depth, the rescission of a financial remedy order made without a party present or without notice, together with applications to set aside due to lack of capacity. It analyses the powers concerning executory orders (ie orders yet to be implemented) and undertakings, and includes key procedural information. For detailed practical guidance on subsequent unforeseen and unforeseeable developments (Barder events), see Practice Note: —Barder events. For detailed practical guidance regarding fraud, material Non-disclosure or mistake, see Practice Note: —fraud, material non-disclosure and mistake. The Family Procedure Rules 2010 (FPR 2010) furnish a procedural pathway for applications to set aside a financial remedy order where no error by the court is asserted, via FPR 2010, SI 2010/2955, 9.9A, and provides details of related procedural matters for such applications accordingly...

To view the latest version of this document and thousands of others like it, sign-in with LexisNexis or register for a free trial.

David Salter

David Salter has enjoyed a varied career in family law with over 45 years’ experience. He served as National Head of Family Law at Addleshaw Goddard and, subsequently, as Joint National Head of Family Law at Mills & Reeve, retiring in 2018.From 1997-1999, David was Chairman of Resolution, also acting as the first Chairman of Resolution’s Accreditation Committee. He subsequently became President of the International Academy of Family Lawyers from 2010 to 2012, having previously served as the Academy's European Chapter President.He has sat in various part-time judicial posts since 1985 sitting regularly as a deputy High Court judge and Recorder in the Family Court until March 2022. He now conducts private financial dispute resolution appointments.David was one of the original members of the Family Procedure Rules Committee which framed the 2010 Rules, serving a ten-year term from 2004 to 2014.He is a...

Web page updated on 21/05/2026

Popular documents

Using the Judicial College Guidelines to assess general damages in personal injury claims

When evaluating a general damages claim, the practitioner ought initially to refer to the Judicial College Guidelines (JCG)...

Tomlin orders in England and Wales: CPR guidance on drafting, confidentiality, approval, variation, enforcement, limitation, CCA issues, court-specific requirements, sample wording and precedents

This Practice Note This Practice Note reviews mechanisms used in settling litigation. A Tomlin order consists of a consent order paired with a schedule. It operates to stay proceedings on terms that have been agreed. The provisions contained in the schedule may remain confidential. This Practice Note describes the scope of confidentiality attaching to the schedule and sets out how it differs from a standard consent order. Sample wording for a Tomlin order is included, alongside links to precedents, as well as guidance on court approval. It also addresses varying, setting aside and enforcing a Tomlin order, including the considerations the court will take into account when handling applications for each. Further guidance is provided on interpreting and applying the relevant provisions of the CPR; however, some courts and divisions impose very specific requirements for both drafting and approval, and for approaching the schedule and confidentiality issues. Accordingly, you must consider the particular rules and court guide provisions in the forum where your claim is proceeding when drawing up the Tomlin order...

Precedent: Deed of Surrender of Lease with Optional Premium, Settlement and Release, Landlord, Mortgagee and Guarantor Consents, Reimbursement and HM Land Registry Provisions (England and Wales)

Date [ date ] Parties [ name of Landlord ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Landlord) [ name of Tenant ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Tenant) [ [ name of Guarantor ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Guarantor) ] [ [ name of Mortgagee ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Mortgagee) ] Definitions Within this Deed, the terms below shall be interpreted as follows: [ Annual Rent • the annual sum reserved under the Lease; ] [ Insurance Rent • the Tenant’s share of the Landlord’s costs of insuring the Property (as set out in the Lease); ] Lease • the lease of the Property dated [ date ], entered into between (1) [ the Landlord OR [ name ...

Precedent Statutory Declaration: Standard Wording under the Statutory Declarations Act 1835

I, [ name ], of [ address ], solemnly and sincerely state that: [ Matters to be verified, set out in numbered paragraphs ] I make this solemn statement in good conscience, believing it to be true, and pursuant to the provisions of the Statutory Declarations Act 1835. DECLARED at [ details ] this [ day ] day of [ month and year ] Before me ................................................................................ [ signature of the person before whom the declaration is made ] A [ commissioner for oaths OR [ solicitor OR [ insert other qualification ] ] authorised to administer oaths ]...