Quan v Bray & Anor

Permission to appeal granted due to inadequate reasoning in the original judgment regarding whether CTSAT is a post-nuptial settlement and whether its assets are a resource for the parties.

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: Variation of Settlement, Post Nuptial Settlement, Financial Remedies, Trust Characterization

Family Law Trusts Law Variation of Settlement Post Nuptial Settlement Financial Remedies Trust Characterization

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

Ratio Decidendi

Permission to appeal granted due to inadequate reasoning in the original judgment regarding whether CTSAT is a post-nuptial settlement and whether its assets are a resource for the parties.

Court Disposition

Permission to appeal granted

Orders

Matter to proceed to full appeal
No request for further clarification from original judge