Prest v Prest & Ors [2012] EWCA Civ 325 (16 February 2012)

Prest v Prest & Ors [2012] EWCA Civ 325 (16 February 2012)

Permission to appeal granted on issues of piercing the corporate veil, Nigerian customary law, and form of order; refused on value of Petrodel and wife's budget; husband's obligation to discharge costs and secure wife's appeal costs imposed as conditions.

Citation
[2012] EWCA Civ 325
Parties
Appellant: Yasmin Prest; Respondent: Michael Prest; Respondents: Petrodel Upstream Ltd and other companies
Jurisdiction
England and Wales
Judgment Date
16 February 2012
Procedural Posture
Appeal / Permission to Appeal Granted
Outcome
permission to appeal granted in part, refused in part
Legal Topics
Ancillary Relief, Piercing the Corporate Veil, Resulting Trust, Nigerian Customary Law

Case Brief

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Parties

Yasmin Prest

Appellant

Michael Prest

Respondent

Petrodel Upstream Ltd and other companies

Respondents

Procedural Posture

Appeal / Permission to Appeal Granted

  1. 1 circumstances for piercing the corporate veil in ancillary relief proceedings
  2. 2 application of Nigerian customary law to shareholding
  3. 3 validity of simultaneous lump sum and property transfer orders

Ratio Decidendi

Permission to appeal granted on issues of piercing the corporate veil, Nigerian customary law, and form of order; refused on value of Petrodel and wife's budget; husband's obligation to discharge costs and secure wife's appeal costs imposed as conditions.

Court Disposition

permission to appeal granted in part, refused in part

Orders

  • husband must discharge historic costs within 14 days
  • husband must pay £540,000 on account of trial and earlier costs within 14 days