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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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Bell Yard Kysen—Liz Giles

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Lime Solicitors—four promotions

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NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
An indemnity costs battle with a £20m gap could reopen an important question: what weight should an approved budget carry?
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
A polished legal defence may owe more to artificial intelligence than legal merit—and creditors risk paying the price in delay and expense
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