Tatiana Akhmedova brings son into high-stakes divorce case
It is proving to be a very modern divorce. Armies of lawyers
and advisers; hundreds of millions of pounds at stake; priceless art; a
superyacht; a key lieutenant switching sides; the son dragged into the
proceedings by his mother. No wonder some involved have likened it to The War
of the Roses, the dark Hollywood comedy about a feuding couple starring
Kathleen Turner and Michael Douglas.
But now attempts to secure the assets awarded following
Britain’s biggest, bitterest marital breakup may hinge on how the high court
views an arcane financial practice dating back to feudal times.
The marital dispute between Farkhad Akhmedov, a Russian
citizen and ally of President Putin, and his wife, Tatiana Akhmedova, will have
even learned property lawyers dusting off ancient textbooks as they argue over
whether third parties can finance another person’s legal claim, a practice that
is illegal in some countries.
The pair have been at loggerheads since December 2016 when
the high court awarded Tatiana Akhmedova, 52, a record £453m, representing a
41.5% share of her husband’s marital assets.
He had claimed that documents prove the couple were divorced
20 years ago in Moscow and therefore his ex-wife’s attempts to seize his assets
– which include works by Rothko, Warhol and Hirst, not to mention a $450m
superyacht once owned by Roman Abramovich – were fraudulent.
But the high court said it could find no evidence of the
earlier divorce and so the decades-long battle continues.
Now Akhmedova, will return to the high court tomorrow to have
Temur, the couple’s eldest son, who lives in London, joined to the case. Her
lawyers want private emails between father and son disclosed in court.
Adding to the acrimony is the fact that one of Akhmedov’s
former financial advisers went to work for his ex-wife after being sacked.
Akhmedova is backed by Burford Capital, a litigation finance
firm that will take a slice of her payout if it succeeds in recovering the £453m
the high court awarded its client.
But lawyers for Temur, 26, will argue that his mother’s
claim is unlawful because it is being funded by a third party for financial
gain.
The practice, known as champerty, dates back to feudal
times, when noblemen would lend their high-profile support to legal claims in
return for a share of any successful claim to recovered property.
Temur’s lawyers, who have applied for an order to prevent
his key personal financial information from being revealed, will ask the court
to force his mother to disclose the commercial arrangement she has with Burford
and to argue that third-party financing in matrimonial matters is not
permissible.
According to papers filed into court by Temur’s legal team,
such claims run contrary to English law and to the Matrimonial Causes Act of
1973.
The Observer also understands they will point to a recent
legal judgment handed down in Hong Kong which ruled against champerty.
“Temur has had to put up with the upsets of his parents’
divorce since he was seven years old,” a friend said. “He is aware that many
genuine efforts have been made to resolve matters between them. But the
presence of Burford’s financial investment in the case has blocked these
attempts.”
It has been previously reported that Farkhad Akhmedov, 64,
once offered his ex-wife an £80m lump sum when he dies, £4m a year for life and
and some prized antiques which included Napoleon’s old writing desk, worth an
estimated £30m.
As a funded claimant, Akhmedova retains control of all
litigation decision-making and settlement. But Akhmedov’s representatives claim
she cannot settle even if she now wished as Burford needs to obtain a full
settlement to recoup its costs.
In response to specific questions, lawyers for Akhmedova
said: “The proceedings in this matter are ongoing and we do not intend to
comment in advance of the forthcoming hearing.”
They said that it was a matter of public record that the
high court found documents relied on by Akhmedov in support of his claims that
the couple were divorced in Russia in 2000 were “at all material times,
forged”.
They added: “It is also a matter of public record – widely
reported in the media – that Ms Akhmedova is pursuing Temur for his part in Mr
Akhmedov’s evasion of the 2016 judgment and financial award in her favour.”
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