Quan v Bray & Anor [2015] EWCA Civ 1253 (04 December 2015)

Quan v Bray & Anor [2015] EWCA Civ 1253 (04 December 2015)

Permission to appeal is granted because the original judgment lacked sufficient reasoning to enable parties to understand the factual and legal basis for the conclusions that CTSAT is not a post-nuptial settlement and its assets are not a resource for either party.

Source-derived case information.

Citation
[2015] EWCA Civ 1253
Parties
Appellant: Li Quan; 1st Respondent: Stuart Bray; 2nd Respondent: Save China's Tigers
Jurisdiction
England and Wales
Judgment Date
04 December 2015
Procedural Posture
Financial Remedy Appeal / Permission to Appeal
Outcome
Permission to appeal granted
Legal Topics
Post Nuptial Settlements, Variation of Settlement, Trust Characterization, Financial Resources in Divorce
Family Law Trusts and Equity Post Nuptial Settlements Variation of Settlement Trust Characterization Financial Resources in Divorce

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Parties

Li Quan

Appellant

Stuart Bray

1st Respondent

Save China's Tigers

2nd Respondent

Procedural Posture

Financial Remedy Appeal / Permission to Appeal

Legal Issues

  1. 1 Whether the Chinese Tigers South Africa Trust (CTSAT) is a post-nuptial settlement capable of variation
  2. 2 Whether assets held within CTSAT are a resource of either party under s25 Matrimonial Causes Act 1973
  3. 3 Adequacy of judicial reasoning in the original judgment

Ratio Decidendi

Permission to appeal is granted because the original judgment lacked sufficient reasoning to enable parties to understand the factual and legal basis for the conclusions that CTSAT is not a post-nuptial settlement and its assets are not a resource for either party.

Court Disposition

Permission to appeal granted

Orders

  • Matter to proceed to full appeal before the Court of Appeal