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

Jun 15, 2022
Philippa Kum and Eri Horrocks outline top tips for co-parents on agreeing arrangements for children in EPrivateClient
Jun 13, 2022
Amy Scollan and Anastassia Dimmek examine what happens to an art collection when couples divorce in Antiques Trade Gazette
Jun 08, 2022
Amy Scollan and Anastassia Dimmek discuss the distribution of artwork during divorce proceedings in EPrivateClient
May 12, 2022
Eri Horrocks examines post-separation assets in Today’s Family Lawyer
May 03, 2022
Polly Atkins reviews guidance on applications for security for costs in Family Law Journal
Apr 26, 2022
Eri Horrocks examines whether post-separation assets can be shared on divorce
Apr 20, 2022
Henry Hood interviewed by Nick Heath at Capital Asset Management
Apr 13, 2022
Henry Hood and Eri Horrocks discuss separation agreements and examine the case of Horohoe v Horohoe in STEP Journal
Apr 01, 2022
Jo Carr-West and Eri Horrocks discuss arbitrating relocation cases in The Review
Mar 30, 2022
Henry Hood and James Vernor-Miles share their advice with unmarried couples co-owning (or buying) property together in Tatler’s Address Book

© Hunters Law LLP 2022 | Privacy NoticeLegal & Regulatory | Cookies Policy | Complaints Procedure.

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