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20 June 2013
Issue: 7565 / Categories: Case law , Law reports , In Court
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Practice—Family proceedings—Ancillary relief

Prest v Petrodel Resources Ltd and others [2013] UKSC 34, [2013] All ER (D) 90 (Jun)

Supreme Court, Lord Neuberger P, Lord Walker, Lady Hale, Lord Mance, Lord Clarke, Lord Wilson and Lord Sumption SCJJ, 12 Jun 2013

It is well established that the court might be justified in piercing the corporate veil if a company’s separate legal personality is being abused for the purpose of some relevant wrongdoing; however, s 24 of the Matrimonial Causes Act 1973 does not provide any wider jurisdiction to do so than the general law. It might however be possible in matrimonial proceedings to find that companies hold their properties on trust for a spouse, in particular circumstances.

Richard Todd QC, Daniel Lightman and Stephen Trowell (instructed by Farrer & Co) for the wife. Tim Amos QC, Oliver Wise, Ben Shaw and Amy Kisser (instructed by Jeffrey Green Russell Ltd) for the companies.

The appeal arose out of proceedings for ancillary relief following a divorce, in respect of which a decree absolute

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MOVERS & SHAKERS

Walkers—Muriel Marseille

Walkers—Muriel Marseille

Ashurst's Chief Risk Officer joins Walkers

Excello Law—John Osborne

Excello Law—John Osborne

Northern family lawyer John Osborne joins Excello

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

Trio of promotions announced at Kidderminster law firm mfg Solicitors

NEWS
A sole director can conspire with their own company for the purposes of the tort of unlawful means conspiracy, the High Court has ruled in a judgment with potentially wide implications for business disputes
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The Chancery Division's long history comes to an end this autumn as it is reborn as the Business and Property Division, prompting questions over whether the shake-up is really necessary
The Financial Conduct Authority (FCA) continues to show that failing to disclose regulatory issues can attract harsher consequences than the original misconduct itself
Rejecting a generous settlement can prove an expensive mistake, as two recent high-profile cases demonstrate
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