strictly speaking
, this rests with the Foundation board” (emphasis added). This seems to me to be a right and proper acceptance that H as the mandator, is in the position to call the shots and expect them to be complied with. 91.I accept, as the letter says also that ND overviews the “day to day operations of the assets in the Foundation”, but I do not accept that he does that other than under his father’s direction. 92.It is unnecessary for me to go through the remainder of the documentation. I find it incredible and reject the contention that H has gifted the majority of his wealth to ND. 93.I am of the clear view that H remains both the beneficial owner and the controller through the agency of ND of the funds and assets within the Foundation. I have no doubt that they are available to him as and when he wishes to call upon them.
- 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