header-logo header-logo

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

Lessons from Prest

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

NLJ Career Profile: Hugo Plowman, Mishcon de Reya

NLJ Career Profile: Hugo Plowman, Mishcon de Reya

From global fraud cases to fishing off-grid, Mishcon de Reya’s chair of dispute resolution Hugo Plowman discusses mentors, management switching off

Maguire Family Law—Jennifer Hudec, Ciara Florey, Alice Ferguson & Ruth Wynn

Maguire Family Law—Jennifer Hudec, Ciara Florey, Alice Ferguson & Ruth Wynn

Maguire Family Law announces partner promotion and new hires amid a record year for enquiries

Switalskis—Rebecca Parry & Hannah Gamble

Switalskis—Rebecca Parry & Hannah Gamble

Switalskis wills and probate team extends reach with two appointments

NEWS
Restrictions on workplace non-disclosure agreements could make settlements slower, more complex and more expensive when reforms expected in 2027 take effect
Private prosecutors face closer scrutiny under Crown Prosecution Service guidance designed to strengthen accountability and consistency when intervention is requested
Foreign states cannot necessarily claim immunity for cyber operations launched abroad against computers in Britain, following a divided Supreme Court ruling
Defendants who make unsupported complaints about their lawyers risk losing legal aid while confiscation proceedings continue without representation
Lawyers advising Russian clients face different sanctions restrictions across the UK, EU and US, despite their shared objective of increasing pressure on Russia
back-to-top-scroll