News

Henry Hood’s article re Prest v. Petrodel Resources Ltd and DR v GR & others in UKSC

  • January 15, 2013
  • By Hunters Law

Rorke’s Drift in the Family Division: A Tale of two judgments

Prest (Appellant) v. Petrodel Resources Ltd and Others (Respondent) 2013 UKSC 34 

DR v GR & others (Financial Remedy: Variation of Overseas Trust) 2013 1996 (Fam)

The preservation of the corporate veil, or the ability to achieve fairness for the economically weaker party in a divorce. For years the Family Division has had no doubt which was the more important. The concepts came head to head in two cases earlier this year. It does not seem likely that we have arrived at a final position, but it is instructive to see where things lie at this stage.

To explain the position, Henry Hood first reviews Prest v Petrodel Resources Ltd and particularly the speech of Lord Sumption who sets out the relevant facts and some of the history of the Family Divisions approach to issues concerning the corporate veil. It is no secret that he, as the majority in the Court of Appeal had before him, did not agree with that approach and he arrived at a statement of principle which Lord Justice Thorpe (the dissenter in the Court of Appeal) described as giving to a husband who wished to avoid his obligations “a fast car and an open road” Was the game up?

Those who thought so reckoned without Mostyn J who in DR v GR might have found a way round the difficulty which all of us in operating in the Family Division think we face. However, whether these efforts will survive the attentions of the Higher Courts must be doubtful.

Read the full article, in UKSC via a PDF, here.

Related News

Sep 15, 2021
Henry Hood recognised in the Citywealth Leaders List Top 100 Private Client Lawyers 2021
Sep 14, 2021
Hunters recognised as one of the 2021 eprivateclient Top Family Law Firms
Sep 06, 2021
Hunters Law shortlisted at the Family Law Awards 2021
Aug 02, 2021
Henry Hood examines the Thwaite jurisdiction where a client seeks adjustment of a financial remedy order in The Review
Jul 29, 2021
Eri Horrocks discusses what happens to the children when separated parents differ on relocating in WealthBriefing
Jul 28, 2021
Eri Horrocks discusses a practical guide to emergency private children cases in The Review
Jul 27, 2021
Eri Horrocks discusses what separated parents wanting to relocate within the UK need to know in Family Law Week
Jul 22, 2021
Hunters’ success in the Chambers HNW 2021 Guide
Jul 12, 2021
Jo Carr-West and Lara Barton discuss recent recommendations that would assist divorcing couples in managing the CGT implications of separating their financial affairs in Family Law Week
Jul 07, 2021
Hunters’ success in the 2021 Spear’s Family Law Index

© Hunters Law LLP 2021 | Privacy NoticeLegal & Regulatory | Cookies Policy | Complaints Procedure.

Hunters Law LLP is authorised and regulated by the Solicitors Regulation Authority (number 657218)