This appeal arose from an application by the defendants for summary judgment, dismissing the claim on the ground that it was statute-barred. The claim was for (and was for the purposes of the application assumed to have been) an unlawful distribution by the claimant company six years and three days before the issue of the claim form. Although, by the time of the hearing but after permission had been given to appeal, the claimant had amended its claim to include an allegation of fraud, so that there could not be summary judgment, the court considered the issue as to the meaning of s23...
Michael Prest (husband) and Yasmin Prest (wife) were married for 15 years and had four children before the wife petitioned for divorce in March 2008. During the marriage the matrimonial home was in England, though for most of the time the husband was found to be resident in Monaco and there was also a second home in Nevis. Petrodel Resources Ltd (PRL), which was incorporated in the Isle of Man, was the legal owner of the matrimonial home and five other residential properties in the United Kingdom. PRL was part of a group of companies, one of which was the legal owner of two more resident...
The substantive action concerned a written agreement between North Shore Ventures Limited (North Shore) and Anstead Holdings Inc (Anstead) made in March 2003 (the agreement). In 2008 Anstead’s assets were transferred into trusts of which Mr Fomichev and Mr Peganov (the appellants) and their family members were discretionary beneficiaries (the trusts). On 20 August 2008 North Shore issued a claim against Anstead and the appellants for monies owing under the agreement. On 21 June 2010, Newey J gave judgment against the appellants for sums in excess of $50m. On 9 March 2011, the Court...
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