header-logo header-logo

30 November 2012 / Craig Rose
Issue: 7540 / Categories: Features , Family , Ancillary relief
printer mail-detail

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

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Signature Litigation—Catherine Naylor

Signature Litigation—Catherine Naylor

International fraud and asset recovery offering boosted by partner hire

Stevens & Bolton—Alexa Payet

Stevens & Bolton—Alexa Payet

Private wealth disputes team adds contentious probate specialist

Morgan Lewis—Paul Feldberg

Morgan Lewis—Paul Feldberg

Firm strengthens investigations and sanctions capabilities with London partner hire

NEWS
Cheshire West, which established an ‘acid test’ for deprivation of liberty safeguards, has been overturned by the Supreme Court
The Chancery Division and other segments of the High Court are to be replaced by a new Business and Property Division (BPD), in a major civil justice shakeup
Law firms that hold client money will need to file annual accountants’ reports and make a declaration, the Solicitors Regulation Authority (SRA) confirmed this week
Two district judges and a tribunal judge have been sanctioned for delays in delivering judgments and orders
Private equity (PE) investment into UK law firms halved to £250m last year, but deal volume rose, according to research by Acquira Professional Services’ Momentum private equity market tracker
back-to-top-scroll