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You are here: BAILII >> Databases >> England and Wales Court of Appeal (Civil Division) Decisions >> Al-Khatib v Masry & Ors [2002] EWCA Civ 1045 (26 June 2002) URL: https://www.bailii.org/ew/cases/EWCA/Civ/2002/1045.html Cite as: [2002] 1 FLR 1053, [2002] EWCA Civ 1045 |
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COURT OF APPEAL (CIVIL DIVISION)
ON APPEAL FROM THE HIGH COURT OF JUSTICE
FAMILY DIVISION
(Mr Justice Munby)
Strand London WC2 Wednesday, 26th June 2002 |
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B e f o r e :
____________________
MONA AL-KHATIB | Applicant | |
- v - |
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DR ABDULLAH MASRY AND OTHERS |
____________________
of Smith Bernal Reporting Limited
190 Fleet Street, London EC4A 2AG
Telephone No: 0207-421 4040
Fax No: 0207-831 8838
Official Shorthand Writers to the Court)
MR. R. DEACON and MR. F. SIDDIQI (instructed by Birmingham Legal Partnership) appeared on behalf of the Respondent.
____________________
VERSION
OF JUDGMENT
Crown Copyright ©
very
partial. He, having initially declined to comply with the requirements of the family proceedings rules, belatedly offered to make disclosure by the conventional route of a Form E. Directions were given by Coleridge J in the summer of 2001 which required him to file that and, if so advised, an affidavit in response by 1st September. There was more or less compliance, in the sense that a document, albeit unsworn, was produced on 3rd September. The judge found, and for
very
good reason found, that it was not sufficiently comprehensive, nor sufficiently candid to anywhere near comply with the court's requirements. There was no opportunity for further exploration by way of cross-examination. The husband's case was argued by Mr. Deacon off the foot of that Form E. The wife, through her highly experienced and specialist legal team, aided in part by inquiry agents (who apparently succeeded in unblocking confidential Swiss bank accounts) and then by forensic accountants, was able to establish without much difficulty that the husband had concealed assets; that he had resorted to almost childish devices to try and pretend that what was his was not; and had generally conducted his response in a way designed to defeat or diminish the wife's award to the fullest extent of his endeavour. He even presented the ludicrous assertion that his assets exceeded his liabilities. So the judge was naturally both forthright and almost flamboyant in his condemnation of the husband. He arrived at the conclusion that all the identifiable assets should go to the wife, such as had not been transferred to her by interim orders. That made her the controller of roughly £13m in real property either in this jurisdiction or in France or in the United States. In addition, he said that the husband was to pay a lump sum of £10m. In addition, he said that the husband was to pay a further £2.5m for what the judge described as a war chest, alternatively a fighting fund, to fuel continuing litigation between the parents in relation to the children who, of course, had been immured by the husband in Saudi Arabia, denied all contact with their mother and denied the continuation of an international lifestyle and of education at first class London schools, both of which had been their privilege prior to the eruption of this terrible war between the parents.
validation
of his self justification. Orders were made in the Sharia court; Mr. Mostyn says not until August, but certainly he had applied in that jurisdiction within four or five days of the making of the order in wardship.
view, is to reinstate these children as genuinely international children, as they have been, so that they can fulfil their Arab and English and international heritages. Certainly, as part of any process of mediation I would envisage the children being here and the Family Division exercising its powers to ensure that they remain here during the period of mediation. The husband at that stage and for that process it should be assumed will not be arrested for his contempt.