Rare finding as to sham trusts results in costs orders
Family analysis: In a series of three judgments, His Honour Judge Hess (sitting as a deputy High Court judge), in complex and high value divorce proceedings, made findings of a sham trust against the husband, who had tried to maintain that it was a legitimate trust set up to preserve the very considerable wealth the couple had built up during the marriage. The judge went on to award the wife a lump sum of £15m and to extend his previous order for the appointment of receivers against the husband’s corporate assets by reason of his persistent, wilful and continuing non-compliance with previous orders. Jane Keir, partner at Kingsley Napley LLP, examines the issues.