Matrimonial Finance: Trusts and Company law

Members of Serle Court have been involved in many of the highest value financial remedy cases involving international trust and corporate structures in the English courts. Notable cases include Akhmedova v Akhmedov (which generated the largest ever financial remedy award in British history), C v C, Hagen v Hagen, Prest v Petrodel and Tchenguiz-Imerman v Imerman.

For two years Daniel Lightman KC was the only barrister not exclusively a family practitioner who was recommended in The Legal 500 for Family Law (including divorce and financial remedy). In The Legal 500, 2021 he is the only Silk.

In 2022 Serle Court was awarded 'Set of the Year' at the Chambers HNW Awards. At the time, Chambers and Partners commented that "This powerhouse chancery set has members acting on all sides of the massive Wong v. Grand View PTC litigation, which went to up the Privy Council in March this year." Chambers High Net Worth Awards recognise a pre-eminence in key jurisdictions, reflecting achievements over the past 12 months including outstanding work, impressive strategic growth and excellence in client service.

Members regularly act in high-value financial remedy cases and are often instructed to advise clients, whether the spouses or interested third parties, on the intersection between family and chancery and/or company law, including issues such as sham, non-disclosure and thorny multi-jurisdictional issues.

Our barristers are praised for their well-regarded trusts and company law expertise, in combination with their ability to adapt to the practices and procedures of the family courts. Members regularly provide expert opinions on aspects of trusts in the matrimonial context (in particular, as to the enforceability of matrimonial awards affecting trusts overseas).

Directories
- Chambers UK 2021
  
  Richard Wilson KC
  
  Trusts expert whose practice frequently overlaps with some of the most complex financial remedy proceedings. He garners market praise both for his expertise in offshore trusts and his ability to adapt to the mannerisms of the family courts.
  
  Strengths: "Incredibly well regarded in the trusts world, he has a base of knowledge and experience that gives him a real edge in the Family Division." "A forthright silk who argues cases in a manner that is appropriate to the family court." "He is easy to work with and has a collaborative style. Clients find his advice concise and simple to understand."
  
  Recent work: Appeared in W v Line Trustee, acting for the successful husband in proceedings before the Gibraltar Supreme Court concerning that court’s jurisdiction to determine matters relating to the validity of actions taken by the trustee of a Gibraltar trust when those issues had been raised in English matrimonial proceedings.
  
  Dakis Hagen KC
  
  Superb advocate for cases concerning the intersection between family and chancery law, who is regularly instructed in the largest and most ground-breaking of matters. He is greatly experienced in all areas of chancery and trust law, and regularly handles complex international matters involving offshore trusts.
  
  Strengths: "Clients in the Family Division appreciate his passionate approach. He is a fighter whose speciality is offshore trusts." "Dakis is a trailblazer in this kind of work. He has a standout reputation because he pushes the boundaries."
  
  Recent work: Acted in AF v SF, appearing as leading counsel for the respondent in respect of trust issues in a complex financial remedy case involving ancient and dynastic settlements.
  
  Giles Richardson
  
  Enjoys a strong presence in cases involving the crossover between matrimonial and chancery law. He has valuable experience of handling matrimonial proceedings involving Jersey and Guernsey trusts.
  
  Strengths: "Bridges the gap between matrimonial and complex trust issues. He is approachable, gets stuck in, works well in a team and has a detailed, technical knowledge of trusts law." "Brilliant with clients, witty and extremely hard-working, he is able to explain complicated trust issues in a clear and understandable way."
  
  Emma Hargreaves
  
  Junior with a fast-growing reputation for handling complex financial remedy matters with a chancery element. She regularly acts in complex international proceedings, including those involving issues of sham trusts and non-disclosure.
  
  Strengths: "Beyond intelligent and unbelievably detailed in her approach. She rolls up her sleeves, works incredibly hard, and always gets back to the instructing solicitor straight away." "So terrifyingly bright she can destroy most opponents in about five sentences." "A rising star who really punches above her weight, she will continue to rise in credibility."
  
  Recent work: Represented a third party involved in the highly publicised Christina Estrada v Walid Juffali financial remedy proceedings.
  
  The Legal 500 2021
  
  Daniel Lightman KC
  
  "Clever and conscientious."
  
  Emma Hargreaves
  
  "A super star who punches well above her weight. She has not just a formidable intellect but also is a first-class advocate whose trust/family practice has honed her skill set."
Notable Cases
- AF v SF [2020] 1 F.L.R. 121:
  In AF v SF (Dynastic Trust: Needs-based awards) [2020] 1 F.L.R. 121, Dakis Hagen QC and James Weale represented the successful respondent husband before Moor J in complex matrimonial proceedings concerning a wealthy aristocratic family. The case raised a novel question concerning the application to family trusts of the principle established in Blight v Brewster [2012] 1 WLR 2841 (in which James had also acted).
  
  Please click here to view the judgment.
- Akhmedova v Akhmedov [2018] EWFC 23:
  In Akhmedova v Akhmedov [2018] EWFC 23, Dakis Hagen QC represented the wife in a case in which Mr Justice Haddon-Cave, as part of satisfaction of England's largest divorce award, transferred to her ownership of a superyacht allegedly worth $487m, pierced the corporate veil of a Liechtenstein anstalt, set aside a number of dispositions under section 423 of the Insolvency Act 1986 and extended a worldwide freezing order.
  
  Please click here to view the judgment.
- HRH Louis Prince of Luxembourg v HRH Tessy Princess of Luxembourg [2018] 2 FLR 480:
  In HRH Louis Prince of Luxembourg v HRH Tessy Princess of Luxembourg [2018] 2 FLR 480, Emma Hargreaves acted as Chancery counsel for the wife before Macdonald J in respect of financial remedy proceedings in which issues including reporting restrictions and the right to respect for private life were addressed.
- ND v SD & Ors [2018] 1 FLR 1489:
  In ND v SD & Ors [2018] 1 FLR 1489, Emma Hargreaves acted as Chancery counsel for the husband before Roberts J in respect of preliminary issues arising in the context of financial remedy proceedings, including whether a foreign trust was a sham, whether shares had been validly transferred into the trust and whether the transfers should be set aside under section 37 of the Matrimonial Causes Act 1973.
  
  Please click here to view the judgment.
- Versteegh v Versteegh (reported as W v W [2017] EWHC 123 (Fam)):
  In Versteegh v Versteegh (reported as W v W [2017] EWHC 123 (Fam)), Daniel Lightman QC, representing the husband in high-value matrimonial proceedings, persuaded Sir Peter Singer that he should transfer shares in family companies, rather than pay a lump sum, to the wife, and that the shares she should be given should be ordinary, not preference, shares.
- Hagen v Hagen [2017]:
  In Hagen v Hagen [2017], Dakis Hagen QC and Charlotte Beynon acted for the respondent husband in the substantial and much publicised divorce involving the family behind Viking River Cruises, in financial remedy proceedings in the High Court. Alan Boyle QC, Nicholas Harrison and Jonathan McDonagh acted for the daughter and Emma Hargreaves appeared unled for another respondent in these proceedings. Jonathan Adkin QC and Adil Mohamedbhai had appeared for a corporate party at an earlier stage of the litigation. The case settled confidentially mid-trial.
- A v A; A v Line Trust Corporation Corporation & Ors (2017/CACIV/01):
  In A v A; A v Line Trust Corporation Corporation & Ors (2017/CACIV/01) (Gibraltrar), Dakis Hagen QC, Jonathan Harris QC (Hon.) and James Weale represented the applicant and Richard Wilson QC represented the respondent husband in one of highest value divorce cases in recent years. The dispute involved two complex overseas trust structures and generated six claims in three different jurisdictions (England, Gibraltar and the Cayman Islands). The proceedings in Gibraltar concerned the court’s jurisdiction to determine matters relating to the validity of actions taken by the trustee of a Gibraltar trust when those issues had been raised in English matrimonial proceedings and gave rise to complex issues of private international law.
  
  Please click here to view the judgment.
  
  LWR Nominees v Aziz (24/11/2017 Gibraltar), also part of the above litigation, was a successful application for a stay of a claim for a declaration of non-enforceability in Gibraltar of future judgments in English proceedings. Dakis Hagen QC appeared alongside Jonathan Harris QC (Hon.).
- AF v MF & Ors [2016] EWFC 65:
  Emma Hargreaves acted as Chancery counsel for the husband in financial remedy proceedings before Moor J, involving an offshore foundation and issues of "nuptial settlements", in which the wife alleged the husband was worth over £95 million but was awarded around £2 million following trial. Jonathan McDonagh acted for the Husband's father.
  
  Please click here to view the judgment.
- C v C [2016] Fam Law 20:
  In C v C, Daniel Lightman QC represented the son in a successful application to set aside an ex parte order obtained by the husband in matrimonial proceedings which had the effect of restraining his wife and son from performing their duties as directors of two family-owned companies. In a landmark judgment ([2016] Fam Law 20), Roberts J held that the Family Court has no jurisdiction to make such an order under either section 37 of the Matrimonial Causes Act 1973, section 37 of the Senior Courts Act 1981 or the court's inherent jurisdiction.
  
  Please click here to view the judgment.
- Re Poon [2015] JCA 109:
  In Re Poon [2015] JCA 109, Richard Wilson QC assisted Jersey advocates in an appeal against the Royal Court’s decision to approve the exclusion of a beneficiary following divorce proceedings in Hong Kong.
- Petrodel Resources v Prest [2013] 2 AC 415:
  Daniel Lightman QC represented Mrs Prest, the successful appellant, in a landmark Supreme Court decision on the circumstances in which the court can pierce the corporate veil to make orders requiring the transfer to a former wife of assets and property held by offshore companies connected to the husband.
  
  Please click here to view the judgment.
- UL v BK [2013] EWHC 1735:
  In UL v BK [2013] EWHC 1735, the leading authority in the Family Courts in respect of freezing injunction principles and without notice applications, Dakis Hagen QC represented the husband before Mostyn J.
  
  Please click here to view the judgment.
- Granatino v Radmacher [2011] 1 AC 534:
  In Granatino v Radmacher [2011] 1 AC 534, Jonathan Harris QC (Hon.) represented the successful respondent in a landmark appeal heard by nine judges in the Supreme Court which concerned the weight to be given to a pre-nuptial agreement in ancillary relief proceedings.
  
  Please click here to view the judgment.
- Charman v Charman [2005] 1 FLR 1246:
  In Charman v Charman [2005] 1 FLR 1246, the leading authority on the treatment of a discretionary trust as a “resource” within the meaning of section 25 of the Matrimonial Causes Act 1973, Alan Boyle QC and Dakis Hagen QC represented the husband in the Court of Appeal and Jonathan Harris QC (Hon.) also acted for the husband on the wider international elements.
  
  Please click here to view the judgment.

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