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30 November 2012 / Craig Rose
Issue: 7540 / Categories: Features , Family , Ancillary relief
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Hidden assets?

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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MOVERS & SHAKERS

Thackray Williams—Lucy Zhu

Thackray Williams—Lucy Zhu

Dual-qualified partner joins as head of commercial property department

Morgan Lewis—David A. McManus

Morgan Lewis—David A. McManus

Firm announces appointment of next chair

Burges Salmon—Rebecca Wilsker

Burges Salmon—Rebecca Wilsker

Director joins corporate team from the US

NEWS
What safeguards apply when trust corporations are appointed as deputy by the Court of Protection? 
Disputing parties are expected to take part in alternative dispute resolution (ADR), where this is suitable for their case. At what point, however, does refusing to participate cross the threshold of ‘unreasonable’ and attract adverse costs consequences?
When it comes to free legal advice, demand massively outweighs supply. 'Millions of people are excluded from access to justice as they don’t have anywhere to turn for free advice—or don’t know that they can ask for help,' Bhavini Bhatt, development director at the Access to Justice Foundation, writes in this week's NLJ
When an ex-couple is deciding who gets what in the divorce or civil partnership dissolution, when is it appropriate for a third party to intervene? David Burrows, NLJ columnist and solicitor advocate, considers this thorny issue in this week’s NLJ
NLJ's latest Charities Appeals Supplement has been published in this week’s issue
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