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NLJ this week: Potanina v Potanin & the long reach of the English courts

08 December 2023
Issue: 8052 / Categories: Legal News , Family , International
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The long-running divorce case, Potanina v Potanin, involving one of Russia’s richest families, has recently been heard by the UK Supreme Court

In this week’s NLJ, Harriet Errington, family partner at Boodle Hatfield, with the support of Annette Spycher at Kellerhals-Carrard, take a look at this fascinating case, which brings into focus ‘the wide-ranging powers of the English court to intervene following foreign divorce proceedings’.

In this divorce, both parties were Russian and had lived their married life in Russia. They were not wealthy when they married but during the marriage the husband amassed circa US$20bn. The husband paid the wife US$76.1m when they split in 2007. Litigation ensued. The wife moved to London in 2014 on an investor visa. The question before the Supreme Court is whether the wife can apply for financial relief in England following an overseas divorce?

Errington, supported by Spycher, look at the case, the legislation underpinning it, and how other jurisdictions tackle this issue. They write: ‘The law in England and Wales now encourages forum shopping and divorce tourism in big money cases such as this. Where parties have a very limited connection to England, as is arguable in the case in question, should the law really accommodate a second bite of the cherry following extensive litigation overseas?’ 

Issue: 8052 / Categories: Legal News , Family , International
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NEWS
Writing in NLJ this week, Kelvin Rutledge KC of Cornerstone Barristers and Genevieve Screeche-Powell of Field Court Chambers examine the Court of Appeal’s rejection of a discrimination challenge to Tower Hamlets’ housing database
Michael Zander KC, Emeritus Professor at LSE, tracks the turbulent passage of the Terminally Ill Adults (End of Life) Bill through the House of Lords in this week's issue of NLJ. Two marathon debates drew contributions from nearly 200 peers, split between support, opposition and conditional approval
Alistair Mills of Landmark Chambers reflects on the Human Rights Act 1998 a quarter-century after it came into force, in this week's issue of NLJ
In his latest Civil Way column for NLJ, Stephen Gold surveys a raft of procedural changes and quirky disputes shaping civil practice. His message is clear: civil practitioners must brace for continual tweaks, unexpected contentions and rising costs in everyday litigation
Barbara Mills KC, chair of the Bar 2025 and joint head of chambers at 4PB, sets out in this week's NLJ how the profession will respond to Baroness Harriet Harman KC’s review into bullying, harassment and sexual misconduct at the Bar
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