header-logo header-logo

NLJ this week: Burrows on a ‘dystopian’ rule exposed in Potanina

16 February 2024
Issue: 8059 / Categories: Legal News , Family
printer mail-detail
158887
Family lawyer and NLJ columnist David Burrows delves into the heady world of billionaire divorce this week with an in-depth look at the fascinating case of Potanina v Potanin [2024] UKSC 3

The Supreme Court held the family court has for years been applying too tough a test for ex-spouses objecting to their former partners seeking financial relief in the English court after a foreign divorce.

Burrows looks at Lord Leggatt’s judgment for the majority and the relevant legislation—Part III of the Matrimonial and Family Proceedings Act 1984 (MFPA 1984). Burrows writes that Lord Leggatt ‘described the present procedural practice under MFPA 1984, Pt III as unlawful, although based on Court of Appeal guidance. It represents, he said, a “dystopian” state of procedural affairs. It is contrary… to fundamental principles of procedural justice.’

MOVERS & SHAKERS

Gilson Gray—Linda Pope

Gilson Gray—Linda Pope

Partner joins family law team inLondon

Jackson Lees Group—five promotions

Jackson Lees Group—five promotions

Private client division announces five new partners

Taylor Wessing—Max Millington

Taylor Wessing—Max Millington

Banking and finance team welcomes partner in London

NEWS
The landmark Supreme Court’s decision in Johnson v FirstRand Bank Ltd—along with Rukhadze v Recovery Partners—redefine fiduciary duties in commercial fraud. Writing in NLJ this week, Mary Young of Kingsley Napley analyses the implications of the rulings
Barristers Ben Keith of 5 St Andrew’s Hill and Rhys Davies of Temple Garden Chambers use the arrest of Simon Leviev—the so-called Tinder Swindler—to explore the realities of Interpol red notices, in this week's NLJ
Mazur v Charles Russell Speechlys [2025] has upended assumptions about who may conduct litigation, warn Kevin Latham and Fraser Barnstaple of Kings Chambers in this week's NLJ. But is it as catastrophic as first feared?
Lord Sales has been appointed to become the Deputy President of the Supreme Court after Lord Hodge retires at the end of the year
Limited liability partnerships (LLPs) are reportedly in the firing line in Chancellor Rachel Reeves upcoming Autumn budget
back-to-top-scroll