The Court of Appeal has given judgment in the case of Petrodel Resources Ltd and Others v Prest and Others [2012] EWCA Civ 1395 with a decision that many family solicitors have found disappointing.

When the case was first heard the Judge ordered the husband to transfer to his wife as part of the divorce proceedings, several properties in London.  The Judge found that the London properties were ‘property’ to which the husband was entitled to as the assets held within the companies were effectively the husbands property.

The Court of Appeal did not share the same view as the first Judge and allowed the husbands appeal.  The Court of Appeal held that the fact that the husband was nearly a 100% shareholder in the companies did not mean that the companies’ property belonged to him.  One judge Rimer LJ stated that it is not open to the Family Division Judges to make an