Damian Garrido QC in successful defence of Part III financial remedy claim
November 13, 2018
Mrs Justice Roberts handed down judgment on 6 November 2018 in the case of NN v AS & Ors –  EWHC 2973 (Fam).
Damian Garrido QC (leading Fiona Hay) represented the respondent husband in successfully defending all claims by the applicant wife for financial relief after an overseas divorce and post nuptial settlement.
The wife’s main application under Part III of the Matrimonial and Family Proceedings Act 1984 was founded on her assertion that the husband had world-wide assets of some USD 100 million; and focused on 3 London properties and a yacht moored in Egypt, all in his sole name. She sought to be released from the terms of an earlier agreement reached in Egypt on the grounds that it was not Radmacher compliant.
The husband’s father and sisters intervened in the proceedings to assert their beneficial interests in the London properties and the yacht. The applicant wife argued that the trust instruments adduced in evidence by the respondents were procured by forgery, alternatively were sham documents. It was further argued that the documents’ metadata was manipulated to falsely show a contemporaneous date of creation. W contended that the respondents’ professional advisers (Egyptian lawyers and accountants) were involved in a conspiracy with the respondents to hide the true beneficial ownership of the London properties.
Mrs Justice Roberts heard oral evidence from all five parties, a hand-writing expert and some of the parties’ professional advisers; and considered issues of gifts, express, resulting and constructive trusts, in addition to issues relating to the Egyptian agreement. She considered and applied the decision of the Court of Appeal in Zimin v Zimina  EWCA 1249. She upheld the respondents’ defence of their assets and made an order in the terms of the husband’s open proposals, which formalised the terms of the Egyptian agreement.
To read the full judgment, click here.