Hashem v Shayif & Anor, Court of Appeal - Family Division, September 22, 2008, [2008] EWHC 2380 (Fam)
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Hashem v Shayif & Anor, Court of Appeal - Family Division, September 22, 2008, [2008] EWHC 2380 (Fam)
Neutral Citation Number: [2008] EWHC 2380 (Fam)Matters consolidated by Order of Mr Justice Bennett dated 20 November 2006Case No: FD04D08191IN THE HIGH COURT OF JUSTICEFAMILY DIVISIONRoyal Courts of JusticeStrand, London, WC2A 2LLDate: 22 September 2008Before :MR JUSTICE MUNBY- - - - - - - - - - - - - - - - - - - - -Between :Case No: FD06F01064 (previously HC06C01508)IN THE HIGH COURT OF JUSTICEFAMILY DIVISIONBetween :- - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - -Miss Judith Parker QC and Mr Christopher Wagstaffe (instructed by Osbornes) for the Applicant/DefendantMiss Jane Evans-Gordon (instructed by Radcliffes Le Brasseur) for the Claimants/Second RespondentThe First Respondent/Part 20 Defendant was neither present nor represented but gave evidence by video-link on 14-15 April 2008Hearing dates: 7-11, 14-18 April 2008Further written submissions filed 29 April, 1 May 2008 and 12 May 2008- - - - - - - - - - - - - - - - - - - - -JudgmentMr Justice Munby : 1. These are more than usually complicated ancillary relief proceedings which, in addition to all the issues which arise in any such case, raise interesting and important questions as to (i) the ambit of the doctrine which, under certain circumstances, permits the `piercing of the veil of incorporation', (ii) the ambit and extent of the court's powers under section 24(1)(c) of the Matrimonial Causes Act 1973, and (iii) the impact, if any, of the fact that the `marriage' was bigamous.2. The case has been fought tenaciously, though with good humour on both sides, and with great skill and much learning, for which I am most grateful to counsel. Inevitably my judgment is somewhat lengthy. I am sorry that it has taken longer to finalise than I would have hoped.The background 3. The litigation arises out of the civil marriage celebrated in London on 3 October 1998 between Abdulhadi Ali Shayif, who was born on 10 May 1948, and Faiza Ben Hashem, who was born on 15 June 1959. Their Islamic marriage took place on 25 November 1998. I shall refer to them for convenience as ``the husband'' and ``the wife'' respectively although their marriage, valid by the law of their religion, was declared by Bennett J on 17 October 2005 to be void, the husband being still married to another woman. The husband had previously been married three times, in 1965, in 1978 and in 1985. He had divorced his first and second wives (by talaq) in 1979 but was still married in 1998 to his third wife. 4. The husband's marriage to the wife finally broke down in July 2004 when they separated. Following the decree nisi pronounced by Bennett J on 17 October 2005 the husband registered a talaq divorce in Saudi Arabia on 22 October 2005. 5. Both the husband and the wife are Muslims who originate from the Yemen. 6. The husband has spent his entire adult life in Saudi Arabia, of which he became a citizen in 1982 and where he is domiciled and resident with a house in Jeddah. After a long and successful career in banking he rose to become, in 1999, the general manager of the National Commercial Bank of Saudi Arabia, one of the most prominent banks in the Middle East. He retired in September 2005. It is plain, not least from his own evidence, that he is well connected and highly thought of in Saudi Arabian financial and business circles. Since his retirement he has held positions on the bank's board of directors and executive committee. Information gathered by the wife - the husband has declined to file his Form E (see below) - indicates that he continues to have various interests in a number of projects in the Middle East. Thus, in addition to continuing to serve on the board of the bank, he has joined the boards of several large organisations in Saudi Arabia, including the Saudi Railway Organisation, the Saudi Cable Company, and the Federation of Arab Banks. It appears that he is also involved with - according to the wife he owns - various businesses including a real estate business and a business which supplies hospital equipment. 7. Prior to her marriage the wife had been working in this country, of which she is a naturalised citizen, as a landscape architect. Upon her marriage she gave up this work at the husband's request. 8. The husband has four children, who I shall refer to collectively as ``the children''. Isam, born on 11 June 1970, Aliyah, born on 6 November 1972, and Abeer, born on 19 May 1976, are his children by his first marriage. Firas, born on 6 June 1988, is his son by his third marriage. The wife has no children.9. Radfan Limited (``the Company'') was incorporated in Jersey on 1 July 1988. According to the husband and the children its shares are held - and held beneficially - as to 30% by the husband, 20% by Isam, 15% by Aliyah, 15% by Abeer and 20% by Firas. 10. At various times the Company has held a number of properties in this country (``the Properties'') which I shall refer to respectively as...See the full content of this document
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