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Richard Tambling writes for the Financial Remedies Journal
03 September 2026The latest issue of the Financial Remedies Journal (26 August 2026) features a blog by Richard Tambling.
“Managing Conduct Allegations: When Two Late Letters, £16m and a Retrial Collide – Court of Appeal Guidance on Conduct and Non-Disclosure Allegations” focuses on Meerna Ali Ghuloom Faraj v Sohail Sultan Ahmad & Anor [2026] EWCA Civ 962. In this case, the Court of Appeal allowed both spouses’ appeals and the bank’s appeal, concluding that the trial judge’s factual findings could not stand and ordered a retrial.
The article provides some practical guidance for practitioners and suggests that this judgment is a timely reminder that procedural fairness and disclosure discipline are not technicalities: they are central to the integrity of financial remedy litigation. Practitioners should treat conduct pleadings seriously, manage late disclosure transparently, and be ready to ask the court for directions that preserve fairness rather than springing a new case at trial. The Court of Appeal’s decision to order a retrial – despite the costs and disruption – underlines that where fairness is compromised, the only safe remedy may be to start again and the issues plainly pleaded.
Read the full article here: Managing Conduct Allegations: When Two Late Letters, £16m and a Retrial Collide – Court of Appeal Guidance on Conduct and Non-Disclosure Allegations
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