£3.087m
.122.I find that H is the beneficial owner of the Foundation and has access to its assets. There is remaining in the Foundation exclusive of the monies already loaned to him assets worth some £17-19m, albeit recently revised down by ND to £13m, largely by writing off the restaurant loan and by currency movements. I think it probable that the value lies within the bracket first given but that there is a substantial amount of current illiquidity. 123.I also find him to have an interest in the German and Russian businesses in a sum that I cannot determine. 124.H was confident about his financial future and his ability to access funds as required. I am sure that his confidence was justified. 125.W says that by reason of H’s inadequate disclosure I should draw robust and adverse inferences. I have made it clear that I am satisfied that H does have both business interests and access to assets which he has not disclosed but inferences need to have a proper factual substratum. As I hope that I have shown, I am not satisfied that I can or should infer that these are so significant or that H is so wealthy that W’s case as to her needs should be assessed at the upper end of the bracket as I am asked to do.
- The Honourable Mr Justice Cohen :
- The History in more detail
- When did the marriage end?
- Legal proceedings
- The purpose of Part III
- which was the alleviation of the adverse consequences of no, or no adequate, financial provision being made by a foreign court in a situation where there were substantial connections with England
- Where the English connections of the case are very strong there may be no reason why the application should not be treated as if it were made in purely English proceedings
- H’s business activities
- The move to London
- The Foundation
- my death or physical or mental incapacity
- strictly speaking
- The German venture
- Russian projects
- W’s use of resources
- The assets of the parties
- £5.14m [£2.57m each]
- £95k
- [£2.57m
- £687k
- £3.087m
- W’s needs
- £3.4m
- £2.06m
- £320k
- Conduct of the litigation
