Henry Hood and Anna Roiser examine the Mandy Gray case in LexisNexis Family Law

Henry and Anna’s article was published in LexisNexis Family Law, 9 July 2019, and can be seen here.

Henry Hood, Partner, and Anna Roiser, Knowledge Development Lawyer, examine the High Court’s decision in Gray v Hurley [2019], which offers valuable guidance on jurisdictional issues in disputes between unmarried couples over property acquired during their relationship.

The case involved Mandy Gray, previously awarded half of her ex-husband’s $225 million fortune, and her former partner Hamish Hurley, with whom she had acquired substantial assets using her own funds.

Gray claimed these assets, held in Hurley’s or joint names, were not gifts but held on trust for her, or were the result of undue influence. Hurley argued for the case to be heard in New Zealand, where courts can divide property between unmarried partners, unlike in England where courts can only declare ownership.

The court had to determine whether it had jurisdiction under the EU’s Judgments Regulation, which depends on the defendant’s domicile. Although Hurley had left the UK, he had not yet re-established residence elsewhere when the claim was filed, making England his last known domicile.

The court also rejected Hurley’s argument that the Italian courts had exclusive jurisdiction over a jointly owned property in Italy, finding that Gray’s claim was not about rights in rem but rather a trust claim against Hurley personally.

Ultimately, the court confirmed that such disputes between unmarried partners are civil matters under English law, and that careful attention must be paid to how claims are framed, especially when foreign property is involved.

Read the full article on the LexisNexis Family Law website [external link].