Introduction. You’ll find all the ways our solicitors can support you here. These non-essential cookies do not identify any person and are used only to track how our website is used so we can make improvements to your experience. Piercing The Corporate Veil: Prest Vs Petrodel Resources The Supreme Court has handed down a landmark judgement in favour of Mrs Prest in high profile matrimonial dispute. The Supreme Court rejected arguments that case law decided in the Nineteenth Century should be cast aside in divorce cases. In the weeks preceding the Supreme Court’s decision in Petrodel Resources Ltd v Prest, 1 the case was the subject of much attention and commentary, both in the media and legal circles. In short, after Mr and Mrs Prest divorced, Moylan J. awarded Mrs Prest a sum of £17.5 million as a fair division of Mr Prest’s assets. Prest v Petrodel- the facts. Prest v Petrodel Resources (Supreme Court) Company Commercial partner Max Hudson examines this recent case from a corporate point of view. The relatively short and significant judgment in the Supreme Court case of Prest v Petrodel Resources Ltd has gathered vociferous interest from academics and practitioners.It was of key interest as it was a legal cross over between family law and company law. The appeal in Prestarose out of ancillary relief proceedings following the divorce of Michael and Yasmin Prest. In those proceedings Mrs Prest sought orders against those companies to transfer properties held by them to her to settle part of the lump sum due. It also highlights the importance that companies caught in divorce crossfire set out their case fully and cooperatively in order to ensure that final awards are not made that they might regret. For any further information, please contact Gareth Schofield. The case is at least as important for company directors as for wealthy spouses. Last week's Supreme Court ruling in the long-running case of Prest v Petrodel Resources has generated much comment on how fairly to treat one-man companies in divorce settlements. In this case the Supreme Court decided that the companies did not have the beneficial ownership of the properties in their name because they belonged to Mr Prest. We use cookies to ensure that we give you the best experience on our website. Mr and Mrs Prest were married for 15 years. JUDGMENT GIVEN ON . Prest (Appellant) v. Petrodel Resources Limited and . Petrodel Resources Ltd v Prest: a triumph for common sense. Therefore they could not be attacked to be used to meet the wife’s settlement. The case concerned a very high value divorce.. One of those companies owned five residential properties in the UK, and another two more. As ever the case does raise certain questions – do the principles apply where the shareholding has come about for a perfectly legitimate reason?, what happens if the shares and assets are held abroad in jurisdictions not keen to assist the UK?, and what if there are other shareholders who resist transfer? Prest v Petrodel received a lot of publicity but an equally important case involving Akzo Nobel did not seem to garner the same interest from corporate lawyers although competition lawyers have understood the importance of this case which clearly illustrates the difficulties of the subject. This practice was brought into sharp focus in Petrodel v Prest. In Petrodel, Prest was of particular interest because of the legal cross-over between family law and corporate law. Petrodel Resources Ltd and Others v Prest. Stripping Away the Veil of Deceit: Prest v Petrodel. "Laws, like houses, lean on one another": Edmund Burke. Instead it reaffirmed that the veil can only be pierced if the corporate structure had been used for the purpose of concealing a wrongdoing. However there were limited circumstances where the corporate veil could be pierced where a company sought to evade an existing liability or legal obligation. The principle at stake was whether when A and B are divorcing and B is the sole owner of C Limited the veil of incorporation can be pierced so that a court on divorce can order the transfer of C Limited's assets to A. It was on the face of it an odd decision – given the facts of the case – as it was seen as a “cheat’s charter”, and it was widely anticipated that it would lead to a proliferation of such structures to thwart their spouses’ claims. They made it clear that a corporate body has its own separate legal entity which had to be respected. Petrodel-v- Prest The latest word in company assets in financial remedies. Employment law and HR consultancy services, International legal services for business, International and cross border solicitors. Prest v Petrodel Ltd . One of Mr Prest’s failings was to provide funding without properly documented loans or capital subscription. Lazarus Estates Ltd v Beasley [1956] 1 QB 702. The latest industry news, upcoming events and our views on topical stories and current affairs. The case of Prest v Petrodel Resources Limited and Others [2013] UKSC 34 has been a battle, through the English High Court, Court of Appeal and Supreme Court, between the principles of corporate integrity on the one hand and fairness on divorce on the other, as much as between Mr and Mrs Prest and the companies in which Mr Prest had an interest. The application of the doctrine is frequently … The companies had failed to produce evidence of their claim to own them. On 12th June this year the Supreme Court gave its decision in the case of Petrodel v Prest [2013] UKSC 34, a case with significant implications for divorce and company law. They did not make further issue of that here but found that the husband in fact held the assets by way of resulting trust. Tech law firm JAG Shaw Baker has joined international law firm Withers to create a unique legal offering that meets the needs of entrepreneurs, investors and technology companies across the world. In part satisfaction of this sum, the judge ordered three Petrodel group companies to transfer the the recent UK Supreme Court decision in Prest v Petrodel Resources Limited and Others The distinction between concealment and evasion lies at the heart of the recent UK Supreme Court decision in Prest v Petrodel Resources Limited1, a decision which was handed down on 12 June 2013. The case contains an impressive analysis of the case law In June this year, the Supreme Court (England’s highest Court) gave its decision in the case of Prest v Petrodel. Prest v Petrodel Resources Limited 15. Mr Prest had failed to disclose his assets fully. Salomon v Salomon [1896] UKHL 1. The “well-recognised Another was to take funds from the companies whenever he wished, without right or company authority. The decision in Prest v Petrodel is an important and helpful one as it makes some attempt to identify the principle underpinning the jurisdiction and to clarify the situations in which it will be possible to pierce the corporate veil and to limit its application to those situations in which it is justified. The facts. 12 June 2013 . It was established, inter alia, that Mr Prest was the In Prest v Petrodel [2013] UKSC 34 the English Supreme Court undertook a review of the principles of English law which determine in what circumstances, if any, a court may set aside the separate legal personality of a company from its members and attribute to its members the legal consequences of the company’s acts. Same journey, different carriage – How to separate well, Parental alienation and its long term impact. Supreme Court’s decision in Prest v Petrodel Resources Ltd with a view to determining whether the decision is a step towards the abolition of piercing the corporate veil doctrine. The Facts. This will mostly be when people have tried to use the incorporation to evade a legal obligation or liability. Court) and Petrodel, to which readers may refer for an account of the facts and the background. No matter where you are in life, Clarke Willmott is here for you. The case of Prest v Petrodel Resources Limited and Others [2013] UKSC 34 has been a battle, through the English High Court, Court of Appeal and Supreme Court, between the principles of corporate integrity on the one hand and fairness on divorce on the other, as much as between Mr and Mrs Prest and the companies in which Mr Prest had an interest. VTB was concerned with a different problem – the consequences of lifting the corporate veil, but approved (with one exception that is irrelevant here) Munby, J’s six principles that set out when a court is entitled to lift the corporate veil. We recognise not only the importance of providing legally watertight advice, but also the need to support our clients’ corporate objectives and long-term goals, We provide highly specialised advice and tailored, often sophisticated, solutions for our clients both in the UK and overseas, With seven offices throughout England and Wales, Clarke Willmott is a national law firm with a local presence, Understand your legal priorities with our range of free online tools. R v Singh [2015] EWCA Crim 173. short, after Mr and Mrs Prest divorced, Moylan J. awarded Mrs Prest a sum of £17.5 million as a fair division of Mr Prest’s assets. The case provides a framework for an examination of a number of issues relating to the veil-piercing rule. Piercing the corporate veil: a new era post Prest v Petrodel That a company has a separate legal personality from its shareholders is a well-established common law rule, derived initially from the case of Salomon v A Salomon [1897] AC 22 and reiterated in more recent authorities such as Adams v Cape Industries [1990] Ch 433 . Both sides of the profession were affected differently. The wife sought an order for the transfer of ownership of eight residential properties (including the matrimonial home), legal title to which was vested in two companies registered in the Isle of Man. The decision is case specific, but it does highlight the crucial importance of setting up and running companies transparently, and with full corroborating documentation on ownership and intentions. Piercing The Corporate Veil: Prest Vs Petrodel Resources The Supreme Court has handed down a landmark judgement in favour of Mrs Prest in high profile matrimonial dispute. control it gained considerable publicity in Prest v Petrodel Resources Ltd & Others [2013] UKSC 34.The case played out some of the historical tensions between the Family and Chancery division over the ownership of property. The decision is highly important as it has upheld the integrity of the corporate veil. At first instance, Moylan J ordered Mr Prest to make, inter alia, a lump sum payment of £17.5 million to Mrs Prest. These non-essential cookies do not identify any person and are used only to track how our website is used so we can make improvements to your experience. The law in this area has been rife with conflicting principles and many commentators felt that the Supreme Court decision in Prest v Petrodel provided a unique opportunity 3 to resolve the “never ending story” 4 of when the corporate veil can be pierced. The relatively short judgment in the United Kingdom Supreme Court case of Prest v Petrodel Resources Ltd1 (herein, Prest) has garnered vociferous interest from academics and practitioners. In a ruling handed down yesterday, the Supreme Court upheld the decision made by the original High Court trial judge in the case of Prestordering Mr Michael Prest, a wealthy oil tycoon and founder of Petrodel Resources, to transfer properties legally owned and held in the UK and abroad by the Petrodel companies (including the former matrimonial home) to his ex-wife, Mrs Yasmin Prest, as part payment … Central to Prest was the extent to which property held by a company controlled by a party Prest, the issue of veil-lifting arose in a claim for ancillary reliefs following the divorce of Michael and Yesmin Prest. The divorcing couple, Mr … The issue was whether those properties could be brought into the calculation of the matrimonial assets. The relatively short and significant judgment in the Supreme Court case of Prest v Petrodel Resources Ltd has gathered vociferous interest from academics and practitioners. It was of key interest as it was a legal cross over between family law and company law. It added that this was likely to be the position in other cases where the main home is owned through a company. Trustor AB v Smallbone (No 2) [2001] EWHC 703. Part I – Prest 2. The relatively short and significant judgment in the Supreme Court case of Prest v Petrodel Resources Ltd has gathered vociferous interest from academics and practitioners.It was of key interest as it was a legal cross over between family law and company law. In Petrodel, Appeal by a number of companies concerning the court’s jurisdiction in financial remedy proceedings to order one party to transfer or cause to be transferred to the other, properties owned by the companies. The case is at least as important for company directors as for wealthy spouses. 12th Floor, 157 Church Street, CT 06510-2100. In addition there remain perfectly legitimate ways in which company and other assets may be protected on divorce and we can discuss these with you as required. Withers' family, contentious trust, corporate and wealth planning client teams can answer any questions you may have in relation to divorce, the structuring of assets through trust/corporate structures, wealth protection and tax planning. The Supreme Court unanimously allowed Mrs Prest’s appeal. In giving judgment on 12 June 2013, the Supreme Court upheld the sanctity of the principle of corporate integrity … Capital v Nutritek and, last week, Petrodel v Michael Prest. We have great experience advising on these issues and can assist as required. Lifting the veil of incorporation is rare in the UK. In Prest v Petrodel the husband was a wealthy oil trader who had built up a portfolio of properties; all of which were in the names of various companies. He was an oil trader and founder of a Nigerian energy group, Petrodel Resources. In . It was of key interest as it was a legal cross over between family law and company law. VTB was concerned with a different problem – the consequences of lifting the corporate veil, but approved (with one exception that is irrelevant here) Munby, J’s six principles that set out when a court is entitled to lift the corporate veil. The Supreme Court has just handed down its judgment in the landmark case of Prest v.Petrodel. The value of the judgement was not in question, as the courts had already ruled the husband – a Nigerian oil tycoon – would have to pay his wife £17.5m, largely due to his conduct during the case, and he was not arguing over this. The husband was entitled to the property and hence orders could be made against that property and they were transferred to the wife. The relatively short and significant judgment in the Supreme Court case of Prest v Petrodel Resources Ltd has gathered vociferous interest from academics and practitioners. Heard on 5 and 6 March 2013 From Wikipedia, the free encyclopedia Prest v Petrodel Resources Ltd UKSC 34, 2 AC 415 is a leading UK company law decision of the UK Supreme Court concerning the nature of the doctrine of piercing the corporate veil, resulting trusts and equitable proprietary remedies in the context of English family law. Prest v Petrodel received a lot of publicity but an equally important case involving Akzo Nobel did not seem to garner the same interest from corporate lawyers although competition lawyers have understood the importance of this case which clearly illustrates the difficulties of the subject. We know that COVID-19 has led to an intensified... We are pleased to be hosting 'How do you... A residential tower block in Ipswich was undergoing a... Is mediation for everybody and when is the best... © 2021 Clarke Willmott LLP. All rights reserved. That lump sum has not yet been paid. 20 June 2013. The outcome came as a pleasant surprise for family lawyers concerned that the case was going to place yet another barrier in the way of fair and enforceable divorce settlements. Petrodel Resources Ltd & Ors v Prest & Ors [2012] EWCA Civ 1395. The highly anticipated Supreme Court decision was handed down on 12 June 2013 in Prest v Petrodel Resources & others [2013] UKSC 34. Prest v Petrodel Resources Ltd emphasises the importance of properly and transparently running companies. Prest v Petrodel Resources Ltd UKSC 34, [2013] R v McDowell [2015] EWCA Crim 173. That succeeded in the High Court but was overturned in the Court of Appeal (the second highest family court), where it was held that a company was a separate legal entity to the husband, that only in very limited circumstances could that “corporate veil” be pierced, and assets held by the company should not be transferred, even if the company was controlled by the husband. In part satisfaction of this sum, the judge ordered three Petrodel group companies to transfer the seven properties in question to Mrs Prest. Although the judge in the High Court, Mr Justice Moylan, said that the husband's conduct of the proceedings were ‘characterised by persistent obstruction, obfuscation and deceit’, he nevertheless found that Mr Prest was worth at least £37.5 million. Accordingly, from the limited facts available and by drawing adverse inferences from the lack of cooperation of the husband the Supreme Court decided that he, not the companies, had provided the funds for the property purchases and therefore he was their true owner. Supreme Court Allows Appeal in Prest v Petrodel Three months ago, I reported on the case of Prest v Petrodel in which the Supreme Court, the country’s highest Court, was being asked to make a ruling on whether divorcing couples can protect assets by citing company law. The Supreme Court has just handed down its judgment in the landmark case of Prest v.Petrodel. The value of the judgement was not in question, as the courts had already ruled the husband – a Nigerian oil tycoon – would have to pay his wife £17.5m, largely due to his conduct during the case, and he was not arguing over this. Please click ‘accept’ if you consent to our use of cookies or for more information see our cookies policy. The decision is highly important as it has upheld the integrity of the corporate veil. VTB Capital plc v Nutritek International Corp [2013] UKSC 5. Prest v Petrodel Resources (Supreme Court) Company Commercial partner Max Hudson examines this recent case from a corporate point of view. The case concerned a very high value divorce.. Mr and Mrs Prest married in 1993 and had four children aged between 11 and 16. Similarly, on the subject of disclosure it will be important to see the company accounts and to have sight of the minutes of board meetings and of any resolutions in respect of property acquisition together with documentary evidence as to the flow of money for the purposes of acquisition. Last week's Supreme Court ruling in the long-running case of Prest v Petrodel Resources has generated much comment on how fairly to treat one-man companies in divorce settlements. The couple fought a bitter and expensive divorce in the High Court, at the end of which the High Court found that Mr Prest should pay Mrs Prest a lump sum of £17.5 million. However, there are still circumstances in which the courts will allow a request to lift the veil. Capital v Nutritek and, last week, Petrodel v Michael Prest. An unexpected error occured, please try again. Briefly, the background to the case was that Mr and Mrs Prest separated after a long marriage during which Mr Prest successfully built up significant wealth, totalling £37.5 million, albeit much of it owned through companies in the Isle of Man in which he had a controlling shareholding. The highly anticipated Supreme Court decision was handed down on 12 June 2013 in Prest v Petrodel Resources & others [2013] UKSC 34.The outcome came as a pleasant surprise for family lawyers concerned that the case was going to place yet another barrier in the way of fair and enforceable divorce settlements. to the monumental decision in Prest v Petrodel Resources Ltd2 (Prest), case law recognized a horde of exceptions to the rule: these instances were, in the past, described interchangeably as the court ‘piercing’ or ‘lifting’ the corporate veil.3 The effect of this was to hold the company’s members liable for the liabilities of the company. In partial satisfaction of this The paper seeks to critically analyse the Supreme Court’s decision in Prest (Appellant) v PETRODEL Resources and others (respondent) [2013] UKSC 34. Prest v Petrodel: The corporate veil has not been pierced, but I can read the word ‘fairness’ through it 14th June, 2013 The long awaited decision in the case of Prest v Petrodel Resources Limited & Others has today been seen as a victory for fairness and common sense in cases where the reality of the nature of assets are in question. In 2011, Moylan J gave judgment in the case of Prest. The Supreme Court ordered that seven disputed properties, owned by companies controlled by Mr Prest, be transferred to Mrs Prest in partial satisfaction of their £17.5 million divorce settlement. The background to Prest v Petrodel concerned ancillary relief proceedings before the English courts following a divorce. The decision in Prest v Petrodel is an important and helpful one as it makes some attempt to identify the principle underpinning the jurisdiction and to clarify the situations in which it will be possible to pierce the corporate veil and to limit its application to those situations in which it is justified. others (Respondents) before . This decision is of considerable importance as it significantly widened the circumstances in which assets held in the name of companies will be treated as being held on trust on behalf of the individual(s) behind that company. If you would like to speak to an advisor, please contact James Copson, partner at Withers LLP, on James.Copson@withersworldwide.com or +44 (0)20 7597 6044. Those names might be familiar to some of those reading theses notes as the actions of multi-millionaire oil tycoon Mr Prest received the attention of the national media between 2008 and 2011. 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