header-logo header-logo

Lessons from Prest

18 July 2013 / Emma Hargreaves , Daniel Lightman KC
Issue: 7569 / Categories: Features , Commercial
printer mail-detail
istock_000011242544medium

When is it appropriate for the courts to draw adverse inferences? Daniel Lightman & Emma Hargreaves report post-Prest

The decision of the Supreme Court in Prest v Petrodel Resources Ltd [2013] UKSC 34, [2013] All ER (D) 90 (Jun) was awaited with keen anticipation, as it had the potential radically to change the legal landscape for both family and company lawyers. In the weeks since the judgment was handed down, a flurry of articles have addressed, in particular, Lord Sumption’s treatment of the so-called doctrine of piercing the corporate veil and his interpretation of s 24(1)(a) of the Matrimonial Causes Act 1973 (MCA 1973). This article, however, focuses on another aspect of the decision: in what circumstances is it appropriate for the courts to draw adverse inferences? 

Case summary

The facts of Prest are now well-known and accordingly are not set out in this article (see "A matter of trust" & "Law report"). In short, the dispute arose out of ancillary relief proceedings in which

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

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

NEWS
Robert Taylor of 360 Law Services warns in this week's NLJ that adoption of artificial intelligence (AI) risks entrenching disadvantage for SME law firms, unless tools are tailored to their needs
The Court of Protection has ruled in Macpherson v Sunderland City Council that capacity must be presumed unless clearly rebutted. In this week's NLJ, Sam Karim KC and Sophie Hurst of Kings Chambers dissect the judgment and set out practical guidance for advisers faced with issues relating to retrospective capacity and/or assessments without an examination
Delays and dysfunction continue to mount in the county court, as revealed in a scathing Justice Committee report and under discussion this week by NLJ columnist Professor Dominic Regan of City Law School. Bulk claims—especially from private parking firms—are overwhelming the system, with 8,000 cases filed weekly
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics
back-to-top-scroll