Case No. FD11D02580

the matter being listed for a final hearing in the week of 7 November 2016 to deal with the applications by each of the parties for a financial remedy order.8.AND UPON the parties having reached an agreement to compromise the applications. AND UPON both parties having agreed not to pursue any further financial disclosure against the other, this agreement having been reached on the following basis:1.both parties have agreed to draw a line under the issues of financial disclosure; and2.the applicant’s assurance to the court through counsel that to the best of her knowledge and belief she sold her shares in [B Ltd] at £1.17 per share being the best price she could achieve at the time.9.AND UPON both parties confirming that neither intends to bring any claim, action or take any other proceedings against the other.10.AND UPON it being agreed that [H] does not seek the provision of any outstanding documents or information from [W] whether in her personal capacity, as a director of [B Ltd], as a shareholder of [B Ltd], or as a bare trustee in respect of the shares in [B Ltd] which she previously held on trust for [H] or otherwise.”37.The order was clear from its face (paragraph 12) that the terms which had been agreed were accepted to be in full and final settlement of all claims arising out of the marriage in terms of the relief available under the Matrimonial Causes Act 1973 (both in life and on death) and in respect of “all other claims of any nature which one may have against the other as a result of their marriage … howsoever arising in England and Wales or in any other jurisdiction” [italics are my own].38.As part of the agreement reflected in the court order, both parties gave formal undertakings to the court. In addition to confidentiality undertakings, H gave the following undertaking to the court:-“25.Undertaking not to bring proceedingsThe respondent (i.e. H) shall not bring any claims of any nature, commence any litigation or other action in respect of any matters, facts or allegations subsisting or alleged to subsist as at the date of this order, howsoever arising, against:a.the applicant (i.e. W) whether:i.in her personal capacity (save in respect of any enforcement of the terms of this order);ii.as a director of [B Ltd];iii.as a shareholder of [B Ltd]; oriv.otherwiseb.[B Ltd], or any of its directors or shareholdersand shall not suggest, encourage or assist any third parties in doing so.”39.Paragraphs 32 and 33 of the consent order recorded the standard clean break provisions in relation to the dismissal of all existing and future claims arising under the Matrimonial Causes Act 1973 and/or the Inheritance (Provision for Family and Dependants) Act 1975.40.Both parties signed and dated a copy of the final order.