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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

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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