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08 December 2023
Issue: 8052 / Categories: Legal News , Family , International
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NLJ this week: Potanina v Potanin & the long reach of the English courts

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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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MOVERS & SHAKERS

Cripps—Radius Law

Cripps—Radius Law

Commercial and technology practice boosted by team hire

Switalskis—Grimsby

Switalskis—Grimsby

Firm expands with new Grimsby office to serve North East Lincolnshire

Slater Heelis—Will Newman & Lucy Spilsbury

Slater Heelis—Will Newman & Lucy Spilsbury

Property team boosted by two solicitor appointments

NEWS
A High Court ruling involving the Longleat estate has exposed the fault line between modern family building and historic trust drafting. Writing in NLJ this week, Charlotte Coyle, director and family law expert at Freeths, examines Cator v Thynn [2026] EWHC 209 (Ch), where trustees sought approval to modernise trusts that retain pre-1970 definitions of ‘child’, ‘grandchild’ and ‘issue’
Fresh proposals to criminalise ‘nudification’ apps, prioritise cyberflashing and non-consensual intimate images, and even ban under-16s from social media have reignited debate over whether the Online Safety Act 2023 (OSA 2023) is fit for purpose. Writing in NLJ this week, Alexander Brown, head of technology, media and telecommunications, and Alexandra Webster, managing associate, Simmons & Simmons, caution against reactive law-making that could undermine the Act’s ‘risk-based and outcomes-focused’ design
Recent allegations surrounding Peter Mandelson and Andrew Mountbatten-Windsor have reignited scrutiny of the ancient common law offence of misconduct in public office. Writing in NLJ this week, Simon Parsons, teaching fellow at Bath Spa University, asks whether their conduct could clear a notoriously high legal hurdle
A landmark ruling has reshaped child clinical negligence claims. Writing in NLJ this week, Jodi Newton, head of birth and paediatric negligence at Osbornes Law, explains how the Supreme Court in CCC v Sheffield Teaching Hospitals NHS Foundation Trust [2026] UKSC 5 has overturned Croke v Wiseman, ending the long-standing bar on children recovering ‘lost years’ earnings
A Court of Appeal ruling has drawn a firm line under party autonomy in arbitration. Writing in NLJ this week, Masood Ahmed, associate professor at the University of Leicester, analyses Gluck v Endzweig [2026] EWCA Civ 145, where a clause allowing arbitrators to amend an award ‘at any time’ was held incompatible with the Arbitration Act 1996
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