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The Hon. Michael Beloff Q.C., President; Dame Heather Steel, and; Nigel Pleming, Q.C..
This appeal (and cross appeal) arises from protracted matrimonial proceedings between the Appellant (referred to in this judgment as 'the husband') and the Respondent (referred to as 'the wife') to determine a fair division of family assets and the appropriate ancillary relief.
The appeal challenges the decision and judgment of the Royal Court (Family Division) dated 16 th June 2009 ("the 2009 Decision"), in which it was ordered that the sum of £3,000,000 be transferred to the order of the wife. By her Respondent's Notice of Appeal the wife requests this Court to affirm the decision of the Royal Court and vary its decision and order so as to add interest on the award of £3,000,000 from 9 th July 2003.
It is to be noted that this decision followed from 2 earlier decisions in the same matter, in 2003 and 2006. The main litigation history can be taken from the opening paragraphs of the 2009 Decision:-
Subsequently it was ascertained that there had been a material non-disclosure on the part of the husband in that the true value of the assets in Switzerland had been obscured. After another hearing the Court delivered its second substantive judgment on 9th October 2006 ( [2006] JRC 139A ) ('the 2006 judgment') setting aside in part the award contained in the 2003 judgment. The Court declared at paragraph 38:
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