THE former wife of software entrepreneur Charles Sharland has won a landmark case in the Supreme Court that will allow her to re-open her £10m divorce settlement.
Alison Sharland, of Alderley Edge, had claimed her husband Charles, founder of Anglo-US software firm AppSense, hid the true extent of his fortune when they split up in 2010.
Her case was being heard alongside that of Varsha Gohil, who also claimed her husband had misrepresented his wealth in their divorce settlement.
James Brown, a partner with JMW Solicitors, who is acting on Mr Sharland’s behalf, said he believes the judgement “marks a fundamental change in the law”.
He added: “Mr Sharland is, of course, disappointed with today’s decision particularly in light of both the High Court and Court of Appeal finding in his favour and the fact that his evidence regarding the prospects of his company has, in fact, been completely borne out.
“Family law is complicated and entirely discretionary and there could be a danger that this change may open the floodgates to thousands of couples revisiting the agreements they reached.”
Mr Brown added that “Mr Sharland is bitterly disappointed that his family will continue to be locked in litigation for the foreseeable future”.
However Sally Harrison QC, head of Chambers at Manchester-based St John’s Buildings and leading counsel for Mrs Gohil, welcomed the decision.
Mrs Gohil had originally accepted a divorce settlement of £270,000 and a car. However during a court case which ended with her former husband being jailed for 10 years for fraud and money laundering amounting to £37m, evidence emerged of the extent to which he had hidden his wealth during the original settlement.
Ms Harrison said: “The ruling today in the Supreme Court ends an 11 year battle for Mrs Gohil to achieve the right to a fair hearing of her financial claims. We are delighted to have been able to fight on her behalf to achieve a successful outcome for her in the Supreme Court.”
Samantha Hillas of SJB was junior counsel for Ms Harrison, and both were instructed by Ros Bever of Irwin Mitchell solicitors.
In a statement released through Irwin Mitchell, 48-year-old Mrs Sharland said her fight was not about money, but about fairness.
She said: “I am relieved and delighted that the Supreme Court judges have ruled in our favour. I hope that their decision sends out a message to everyone going through a divorce that they cannot lie in the family courts and get away with it.
“My legal battle has never been about the money, it has always been a matter of principle.”
She added: “The courts have at last demonstrated that the English legal system will not allow dishonest spouses to mislead the court or their former partner. I believe that justice has been done.”
