Besharova v Berezovsky [2016] EWCA Civ 161

Court of Appeal considers a point of construction in consent order reached between a (now deceased) Russian oligarch and his former wife.

Facts

  • A provision in the order provided for W to receive (within 10 days) 20% of any sum H received from various pieces of on going litigation.
  • This was, however, subject to an offset for any amount received in relation to the net proceeds of sale of a property.

Held

  • The Court of Appeal upheld Roberts J’s decision that received applied to sums paid to W both historically and in the future. The offsetting provision was intended to apply regardless of whether the sums received from litigation were received before or after the sale of the property.
  • However, contrary to Roberts J, the Court of Appeal held that the litigation monies were payable before the sale of the property. Accounting for any offset could take place upon the sale of the property.