Hashem v Shayif & Anor [2008] EWHC 2380 (Fam) (22 September 2008)

Hashem v Shayif & Anor [2008] EWHC 2380 (Fam) (22 September 2008)

The wife is entitled to ancillary relief against the husband, including transfer of his 30% shareholding in Radfan Limited and a lump sum, as the husband's wealth is substantial and he has failed to make proper disclosure. The court does not pierce the corporate veil or find constructive/resulting trusts in favour of the husband over the properties or the children's shares. Section 24(1)(c) does not apply to vary the settlements of the properties. The bigamous nature of the marriage does not bar ancillary relief.

Citation
[2008] EWHC 2380 (Fam)
Parties
Applicant/defendant/part 20 Claimant: Faiza Ben Hashem; Respondent/part 20 Defendant: Abdulhadi Ali Shayif; Respondent/claimant: Radfan Limited; Claimant: Firas Abdulhadi Shayif; Claimant: Isam Abdulhadi Shayif; Claimant: Aliyah Hadi Shayif; Claimant: Abeer Abdulhadi Shayif
Jurisdiction
England and Wales
Judgment Date
22 September 2008
Procedural Posture
Ancillary Relief and Chancery Proceedings (consolidated) / Final Judgment
Outcome
Ancillary relief granted to wife; transfer of husband's 30% shareholding in Radfan Limited; lump sum awarded; claims against Company and children dismissed.
Legal Topics
Ancillary Relief, Piercing the Corporate Veil, Constructive Trusts, Resulting Trusts, Section 24(1)(c) Matrimonial Causes Act 1973, Bigamous Marriage, Disclosure Obligations, Litigation Misconduct
Family Law Company Law Trusts Law Ancillary Relief Piercing the Corporate Veil Constructive Trusts Resulting Trusts Section 24(1)(c) Matrimonial Causes Act 1973 +3 more

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Parties

Faiza Ben Hashem

Applicant/defendant/part 20 Claimant

Abdulhadi Ali Shayif

Respondent/part 20 Defendant

Radfan Limited

Respondent/claimant

Firas Abdulhadi Shayif

Claimant

Isam Abdulhadi Shayif

Claimant

Aliyah Hadi Shayif

Claimant

Abeer Abdulhadi Shayif

Claimant

Procedural Posture

Ancillary Relief and Chancery Proceedings (consolidated) / Final Judgment

Legal Issues

  1. 1 Whether the wife is entitled to ancillary relief despite the bigamous marriage
  2. 2 Whether the court can pierce the corporate veil of Radfan Limited
  3. 3 Whether the properties are held on constructive or resulting trusts for the husband

Ratio Decidendi

The wife is entitled to ancillary relief against the husband, including transfer of his 30% shareholding in Radfan Limited and a lump sum, as the husband's wealth is substantial and he has failed to make proper disclosure. The court does not pierce the corporate veil or find constructive/resulting trusts in favour of the husband over the properties or the children's shares. Section 24(1)(c) does not apply to vary the settlements of the properties. The bigamous nature of the marriage does not bar ancillary relief.

Court Disposition

Ancillary relief granted to wife; transfer of husband's 30% shareholding in Radfan Limited; lump sum awarded; claims against Company and children dismissed.

Orders

  • Husband to transfer his 30% shareholding in Radfan Limited to wife.
  • Children to acquire husband's shares at price equal to 30% of net value of Company's assets.