POTANINA V POTANIN
Mr Potanin is one of the wealthiest men in Russia and the total assets were alleged to be in excess of $20B. Under Russian law the husband’s corporate and trust interests were not taken into account in dividing the assets and Mrs Potanina received $84M. Mrs Potanina therefore applied to the English Court for permission to bring a further claim for financial remedies here. She was successful in her permission application but that permission was set aside on the basis that the wife had misled the court. The wife appealed to the Court of Appeal who allowed the appeal. Mr Potanin appealed that decision to the Supreme Court who have now clarified the law on the applicable test for permission to bring a case in England following a divorce overseas. Baroness Shackleton has commented for The Independent that “divorce tourists will now have their claims subject to fair and robust scrutiny before being granted leave in this jurisdiction. It is long overdue.” Full details of this case can be viewed on the Supreme Court website here, along with videos of the hearing.
You can read the full Court of Appeal judgment:
Potanina v Potanin [2021] EWCA Civ 702 – https://www.bailii.org/ew/cases/EWCA/Civ/2021/702.html
You can read the full Supreme Court judgment here: https://www.supremecourt.uk/cases/uksc-2021-0130.html
The Payne Hicks Beach team: led by Baroness Shackleton of Belgravia LVO with Nick Manners, Camellia Buckmaster and Marina Fitzalan Howard who represented the husband, Mr Vladimir Potanin.