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27 June 2013 / Geraldine Morris
Issue: 7566 / Categories: Features , Family , LexisPSL
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A matter of trust...

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Geraldine Morris assesses the implications of Prest on family law

To widespread surprise, the Supreme Court allowed the wife’s appeal in Prest v Petrodel Resources [2013] UKSC 34, [2013] All ER (D) 90 (Jun) although on a different basis from the decision of Mr Justice Moylan at first instance. For those law “nerds” amongst us, the new Supreme Court live feed added an extra frisson, with social media abuzz with speculation as to what it might mean that Lord Sumption was to give the lead judgment. It quickly became clear that this may be a red herring (for Lady Hale to give the lead judgment would have been too obvious a clue). However, a more detailed consideration of the judgment may lead us to conclude that Lord Sumption was a clue indeed and that the corporate veil has survived fully intact, albeit it with the Supreme Court wedging open some doors for family lawyers on the issues of trusts and inferences to be drawn from both pre- and post-litigation behaviour.

Key issues

The

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Possession claims are entering a new digital era, with procedural traps awaiting practitioners who assume familiar rules still govern every step
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
Should a conviction stand when a later ruling reveals that the law underpinning it was wrong? The answer exposes a clash between finality and justice
The Environment Agency can prosecute offences beyond environmental legislation where proceedings support its statutory functions, the Divisional Court has confirmed
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