KC v RC & Anor [2015] EWFC B216 (24 November 2015)

KC v RC & Anor [2015] EWFC B216 (24 November 2015)

Mr C is ordered to pay Mrs C a lump sum of £500,000, with £150,000 payable within 28 days and the balance of £350,000 within six months, based on findings that his shareholding and family business interests are realisable assets. Costs are substantially borne by Mr C due to his litigation misconduct and dishonesty, but not on an indemnity basis. No order as to costs between Mrs C and GBL, as the balance of factors does not justify a costs order. Permission to appeal is refused on all points.

Citation
[2015] EWFC B216
Parties
Applicant: Mr C; Respondent: Mrs C; Intervenor: GBL
Jurisdiction
England and Wales
Judgment Date
24 November 2015
Procedural Posture
Financial Remedy Proceedings / Post Judgment, Costs and Consequential Orders
Outcome
Lump sum order and costs orders as specified; permission to appeal refused.
Legal Topics
Financial Remedies, Costs Orders, Bankruptcy, Nominee Shareholding, Sham Transactions, Appeals
Family Law Civil Procedure Financial Remedies Costs Orders Bankruptcy Nominee Shareholding Sham Transactions Appeals

Case Brief

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Parties

Mr C

Applicant

Mrs C

Respondent

GBL

Intervenor

Procedural Posture

Financial Remedy Proceedings / Post Judgment, Costs and Consequential Orders

Legal Issues

  1. 1 Timing and payment of lump sum to Mrs C
  2. 2 Whether Mr C's shareholding in Ravi's company is a sham/nominee arrangement
  3. 3 Appropriate costs order between Mr and Mrs C

Ratio Decidendi

Mr C is ordered to pay Mrs C a lump sum of £500,000, with £150,000 payable within 28 days and the balance of £350,000 within six months, based on findings that his shareholding and family business interests are realisable assets. Costs are substantially borne by Mr C due to his litigation misconduct and dishonesty, but not on an indemnity basis. No order as to costs between Mrs C and GBL, as the balance of factors does not justify a costs order. Permission to appeal is refused on all points.

Court Disposition

Lump sum order and costs orders as specified; permission to appeal refused.

Orders

  • Mr C to pay Mrs C £500,000 lump sum: £150,000 within 28 days, £350,000 within six months.
  • Statutory interest applies to unpaid sums.