• Sectors we work in banner(2)

    Quick Reads

Potanina v Potanin – 11 years after their Russian divorce, Mrs Potanina has been granted leave to pursue a financial claim in England

min read

Today’s Court of Appeal judgment in Potanina v Potanin [2025] EWCA Civ 1136 is the latest instalment in litigation that has been running for more than a decade, following Mr and Mrs Potanin’s divorce in Russia in 2014.

In Russia Mrs Potanina received “a tiny fraction” of the parties’ estimated $20bn wealth built up during the 30-year marriage that produced three children and saw Mr Potanin rise as an oligarch after the fall of the Soviet Union. In the Russian proceedings, it was only the wealth in the parties’ sole/joint names that was taken into account but Mrs Potanina complained that this failed to take any account of the vast majority of the wealth held beneficially for the husband via trusts and companies. She subsequently moved to England and sought leave to pursue a financial claim in England following the Russian proceedings.

Phase one of Mrs Potanina’s claim in England reached the Supreme Court, with the result see-sawing at each stage between husband and wife.  In the last stage, before today’s Court of Appeal decision, the UK Supreme Court allowed the appeal by Mr Potanin. However, in a rare move it remitted the case to the Court of Appeal to consider two of Mrs Potanina’s grounds of appeal and whether, on the principles determined by the Supreme Court, she should have permission to pursue her financial claim in England following their Russian divorce.

A unanimous Court of Appeal has now granted her leave to bring her application under Part III of the Matrimonial and Family Proceedings Act 1984, Mrs Potanina having succeeded on both grounds of appeal being considered.  In the court’s view there was a significant discrepancy between what Mrs Potanina recovered in Russia compared to what she would have received had the case been heard in England and the court is in “…little difficulty in concluding that [Mrs Potanina] had substantial, solid, ground for making an application for financial relief…” following her Russian divorce. The Court of Appeal recognised that the chapter that has unfolded in the English courts alone has already taken nearly seven years. With leave having now finally been granted, the application has been remitted to the High Court for substantive consideration of the claim.

And so family lawyers – and wealthy international families alike - shall have to continue to “watch this space” to see how the next chapter will unfold but the firm signal from the Court of Appeal is that the door to such claims is open.

"I would therefore grant the wife leave to bring her claim under Part III of the 1984 Act, and remit her application to the Family Division of the High Court in the first instance for Peel J (the National Lead Judge of the Financial Remedies Court) to allocate as appropriate to a judge of the Family Court, in the first instance for a case management hearing."

Our thinking

  • Judgement Under Pressure: The General Counsel and In-House Counsel Role in the Built Environment

    Events

    min read
  • Greenwashing webinar

    Kerry Stares

    Events

    min read
  • HR Breakfast Club: The Employment Rights Act 2025: In Discussion with Matthew Taylor CBE, Chair of the new Fair Work Agency

    Nick Hurley

    Events

    min read
  • The Playbook to Superscale: Hacks 4-6

    Events

    min read
  • Francis Ho writes in Building about the proposed ban on construction retentions

    Francis Ho

    In the Press

    min read
  • Kerry Stares is quoted in the ESG edition of Law UK

    Kerry Stares

    In the Press

    min read
  • Harriet Betteridge comments in Professional Adviser on the six-month countdown to UK pension inheritance tax changes

    Harriet Betteridge

    In the Press

    min read
  • The Global Legal Post quotes Lesley O'Leary on client relationship building in the age of AI

    Lesley O’Leary

    In the Press

    min read
  • Charles Russell Speechlys advises longstanding client Hearthstone Investments on its acquisition by Sentinel Real Estate

    Edward Robinson

    News

    min read
  • Kurt Rademacher comments in Eprivateclient regarding the possible impact of the US mid-term elections on UHNWIs

    In the Press

    min read
  • Charles Russell Speechlys wins Private Client Law Firm – Ultra-High Net Worth 2026 at eprivateclient Excellence Awards

    Piers Master

    News

    min read
  • The Recognition of UK Grants of Probate in France

    Harriet Betteridge

    Insights

    min read
  • Lost and found: how to trace forgotten Swiss pension assets, and why it matters on divorce

    Joanna Metaxas

    Insights

    min read
  • IBA Annual Conference 2026

    Jean-Baptiste Beauvoir-Planson

    Events

  • The UK’s Expanded Bereavement Leave Rights

    Emily Chalkley

    Insights

    min read
  • Swiss Pension Assets After Moving Abroad: What You Need to Know

    Aline Wey Speirs

    Insights

    min read
  • The Silent Majority: Why Britain's Family Businesses Are the Overlooked Engine of AIM and the Main Market

    Greg Stonefield

    Insights

    min read
  • My child is engaged – how do I raise the issue of a prenuptial agreement?

    Julia Cox

    Insights

    min read
  • Charles Russell Speechlys shortlisted in two categories at Law.com British Legal Awards

    Lesley O’Leary

    News

    min read
  • What could the UK Government's proposed divorce law reforms mean for separating couples?

    Sarah Jane Boon

    Insights

    min read
Back to top