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Hidden assets?

30 November 2012 / Craig Rose
Issue: 7540 / Categories: Features , Family , Ancillary relief
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Prest v Prest overturns 30 years of family case law, says Craig Rose

On 26 October the Court of Appeal delivered judgment in Prest v Prest [2012] EWCA Civ 1395, [2012] All ER (D) 293 (Oct). Three weeks later, on 15 November, the case was noticed by the London Evening Standard. Under the headline “‘Cheats Charter’ stops ex-wives finding husbands’ hidden cash”, the paper reported calls from lawyers for “a change in divorce law to block a loophole banning ex-wives from delving into companies and trusts where they fear businessmen husbands have concealed their assets”.

This so-called loophole is, in fact, a fundamental principle of our company law, enunciated long ago by the House of Lords in their decisions in Salomon v A Salomon & Co Ltd [1897] AC 22, [1895-9] All ER Rep 33 and Macaura v Northern Assurance Co Ltd [1925] AC 619, [1925] All ER Rep 51—that a company has a legal existence separate from its shareholders even when one individual controls all of its shares, and that the shareholders

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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
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