Besharova v Berezovsky

Besharova v Berezovsky

The set-off provision in paragraph 3(b)(i) applies to sums received by the wife under paragraph 2 irrespective of when they are received. The wife’s share of the proceeds of sale of the property must be credited against and deducted from her 20% share of litigation monies, whether received before or after the...

Source-derived case information.

Parties
Appellant: Galina Alexeevna Besharova; Respondent: Boris Abramovich Berezovsky
Jurisdiction
England and Wales
Judgment Date
22 March 2016
Procedural Posture
Civil Appeal / Appeal From High Court (family Division)
Outcome
appeal dismissed
Legal Topics
Construction of Consent Order, Financial Remedy, Set Off Mechanism, Clean Break Settlement
Family Law Contract Law Construction of Consent Order Financial Remedy Set Off Mechanism Clean Break Settlement

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Parties

Galina Alexeevna Besharova

Appellant

Boris Abramovich Berezovsky

Respondent

Procedural Posture

Civil Appeal / Appeal From High Court (family Division)

Legal Issues

  1. 1 Whether the set-off provision in paragraph 3(b)(i) of the consent order applies only to sums already received by the wife under paragraph 2 at the time litigation monies are received, or also to sums that may be received in the future under paragraph 2

Ratio Decidendi

The set-off provision in paragraph 3(b)(i) applies to sums received by the wife under paragraph 2 irrespective of when they are received. The wife’s share of the proceeds of sale of the property must be credited against and deducted from her 20% share of litigation monies, whether received before or after the litigation monies. This avoids an arbitrary and uncommercial result and reflects the parties’ intentions.

Court Disposition

appeal dismissed

Orders

  • Declaration granted: any sum or sums received by the wife under paragraph 2 following the sale of the property and distribution of proceeds shall be set off in reduction or extinguishment of the amount payable to her pursuant to paragraph 3.