Family Law Awards 2020
Shortlist announced - time to place your vote!
Court of Protection Practice 2020
'Court of Protection Practice goes from strength to strength, having...
Jackson's Matrimonial Finance Tenth Edition
Jackson's Matrimonial Finance is an authoritative specialist text...
Latest articles
CB v EB [2020] EWFC 72
(Family Court, Mostyn J, 16 November 2020)Financial Remedies – Consent order – Application for set aside – Property values left husband with lower sums than anticipated – FPR...
No right (as yet) to be married legally in a humanist ceremony: R (on the application of Harrison and others) v Secretary of State for Justice [2020] EWHC 2096 (Admin)
Mary Welstead, CAP Fellow, Harvard Law School, Visiting Professor in Family Law, University of BuckinghamIn July 2020, six humanist couples brought an application for judicial review on the...
Controlling and coercive behaviour is gender and colour blind but how are courts meeting the challenge to protect victims
Maryam Syed, 7BRExamining the most recent caselaw in both family and criminal law jurisdictions this article discusses the prominent and still newly emerging issue of controlling and coercive domestic...
Roma families face disadvantage in child protection proceedings
Mary Marvel, Law for LifeWe have all become familiar with the discussion about structural racism in the UK, thanks to the excellent work of the Black Lives Matter movement. But it is less recognised...
The ‘Bank of Mum and Dad’ – obligations and scope for change
Helen Brander, Pump Court ChambersQuite unusually, two judgments of the High Court in 2020 have considered financial provision for adult children and when and how applications can be made. They come...
View all articles

PROPERTY: Slutsker v Haron Investments Ltd and Others [2013] EWCA Civ 430

Sep 29, 2018, 21:06 PM
Slug : property-slutsker-v-haron-investments-ltd-and-others-2013-ewca-civ-430
Meta Title :
Meta Keywords :
Canonical URL :
Trending Article : No
Prioritise In Trending Articles : No
Date : May 14, 2013, 02:30 AM
Article ID : 102513

(Court of Appeal, Lloyd, Patten, Black LJJ, 1 May 2013)

The Russian husband and wife were married for 19 years during which time they purchased a property in London for £6m with a further £1.5m being spent on improvement works. It was intended to be the family home where the wife and children lived. The property was purchased in the name of an investment company as a nominee for the wife. Thereafter the wife caused the company to hold the property on trust for the trustee of a discretionary trust established in the Cayman Islands for the benefit of the family.

When the marriage broke down the parties disputed who was beneficially entitled to the property. The husband's claim that a half share of the property was held on trust for him absolutely was rejected. Financial proceedings were ongoing in Russia and the husband was challenging the decision of the trust exercise the discretionary powers to exclude the husband from the trust as a beneficiary. He now sought to establish his asserted right to a half share of the property under English law.

The husband submitted that he should own half the property by virtue of a resulting trust asserting that under Russian matrimonial property law, the purchase money was jointly provided and therefore the husband and wife held the property in equal shares. He also asserted that he had insufficient knowledge of the transaction and did not provide consent to it.

The trial judge's finding that the husband had been aware of the critical factor of the use of the trust and the fact that he may not have known of the power to exclude him from the trust, was a point of degree, not kind, was endorsed by the Court of Appeal.

The husband's resulting trust argument was wrong as being based on English domestic law on a point which was to be determined, under English choice of law rules, by Russian law as the law of the matrimonial domicile. He either consented to the transaction or his claim was time-barred by reference to the Russian civil and family codes.

Appeal dismissed.


Categories :
  • Archive
  • Judgments
Tags :
Provider :
Product Bucket :
Recommend These Products
Related Articles
Load more comments
Comment by from