In a recent case Roocroft v Ball (2016) the Court of Appeal overturned a decision made in Chester Court in 2014.  A decision made prior to the Judgments in Vince v Wyatt and Sharland and Gohil.  Cases which were then pivotal in decision made by the Court of Appeal.

The case has attracted a lot of press.  An article in the Solicitors Journal as cited below states the case is to now be "remitted to the Family Division for further consideration...the court will be asked (sic) to make directions for a fact-finding hearing to consider the deceased non disclosure in light of the decisions in Wyatt, Sharland and Gohil.  It is important and now somewhat overlooked the fact that the judgment from the Court of Appeal has no finding of fact.  The Court of Appeal found no 'non disclosure'.  To date the Court has found no evidence which was withheld or undisclosed by the deceased Defendant.

The Judgment from the Court of Appeal is important in that it reaffirms the findings in Wyatt, Sharland and Gohil.  The case of Roocroft v Ball (2016) does not sit on all fours with these cases and it is now a matter for the High Court to determine whether there was any non disclosure.