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Hidden assets?

30 November 2012 / Craig Rose
Issue: 7540 / Categories: Features , Family , Ancillary relief
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Prest v Prest overturns 30 years of family case law, says Craig Rose

On 26 October the Court of Appeal delivered judgment in Prest v Prest [2012] EWCA Civ 1395, [2012] All ER (D) 293 (Oct). Three weeks later, on 15 November, the case was noticed by the London Evening Standard. Under the headline “‘Cheats Charter’ stops ex-wives finding husbands’ hidden cash”, the paper reported calls from lawyers for “a change in divorce law to block a loophole banning ex-wives from delving into companies and trusts where they fear businessmen husbands have concealed their assets”.

This so-called loophole is, in fact, a fundamental principle of our company law, enunciated long ago by the House of Lords in their decisions in Salomon v A Salomon & Co Ltd [1897] AC 22, [1895-9] All ER Rep 33 and Macaura v Northern Assurance Co Ltd [1925] AC 619, [1925] All ER Rep 51—that a company has a legal existence separate from its shareholders even when one individual controls all of its shares, and that the shareholders

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NEWS
One in five in-house lawyers suffer ‘high’ or ‘severe’ work-related stress, according to a report by global legal body, the Association of Corporate Counsel (ACC)
The Legal Ombudsman’s (LeO’s) plea for a budget increase has been rejected by the Law Society and accepted only ‘with reluctance’ by conveyancers
Overcrowded prisons, mental health hospitals and immigration centres are failing to meet international and domestic human rights standards, the National Preventive Mechanism (NPM) has warned
Two speedier and more streamlined qualification routes have been launched for probate and conveyancing professionals
Workplace stress was a contributing factor in almost one in eight cases before the employment tribunal last year, indicating its endemic grip on the UK workplace
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