Ex-wife of Russian billionaire wins Court of Appeal bid to bring claim in London

The legal battle between Natalia Potanina and Vladimir Potanin, who is estimated to be worth around 20 billion US dollars (£15.7 billion), started in England in 2019.

In the latest stage of proceedings, Mrs Potanina asked the Court of Appeal to rule that her financial claim could be heard in England after a High Court judge had previously dismissed her case.

Her legal team told a hearing in July that she had earned her share of the family’s wealth after years of marriage and being the "main carer" for the three children the two have.

Lawyers for Mr Potanin opposed the appeal, saying his ex-wife had no connection to England.

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However, in a ruling on Thursday, Lord Justice Moylan, Lady Justice Falk and Lord Justice Cobb found that Mrs Potanina "would probably be able to argue that she is/was 'fully entitled' to a wide range of financial relief consequent upon divorce, without any discount or special factor limiting her claim".

Mr Potanin and Mrs Potanina married in Russia in 1983, where they lived throughout their married life, and have three adult children.

The businessman claims the couple separated in 2007, with a Russian court granting a divorce in 2014.

But Mrs Potanina argues that they did not separate until 2013.

In June 2022, Mr Potanin, who was then described as Russia’s second richest man and owner of conglomerate Interros, was hit with UK sanctions following the Russian invasion of Ukraine.

The ruling on Thursday comes after the case has already spent years in the UK courts.

Mr Justice Cohen first dismissed Mrs Potanina’s case in 2019, but this was overturned by the Court of Appeal in 2021.

Appeal judges were told in 2021 that Mrs Potanina is seeking around £5 billion from her ex-husband following the breakdown of their marriage.

Mr Potanin then took the case to the Supreme Court, which in January last year ruled with a three-to-two majority in his favour and sent the case back to the Court of Appeal for reconsideration.

The Supreme Court was told that Mrs Potanina wanted half of the value of her ex-husband’s shares in mining firm Norilsk Nickel, half the dividends on the shares since 2014, and half the value of a Russian property known as The Autumn House.

At the Court of Appeal hearing in July, Mrs Potanina’s barrister Charles Howard KC said Mr Justice Cohen had been "inconsistent and illogical" in the way he dealt with Mrs Potanina’s connection with England.

He said the judge had fallen into the trap of Mr Potanin repeatedly saying his ex-wife was "a divorce tourist".

In written submissions, Lord Faulks KC, for Mr Potanin, had said: "These former spouses had no connection with this jurisdiction during the marriage and the wife had only recent and modest connections when she applied for leave."

In a written judgment, Lord Justice Cobb said that he believed the judge was "wrong" and that he was "satisfied" that Mrs Potanina "had substantial ground" to pursue her claim in England.

In response to the ruling, Frances Hughes, from Hughes Fowler Carruthers, which represents Mrs Potanina, said: "The decision of the Court of Appeal is a second vindication of our client in making her application in 2019.

"Our client is grateful for the consideration given by the court to her case and is delighted that the Court of Appeal has recognised, for the second time, the merits of her application.

"She very much hopes that her case can now be resolved and can be concluded without further delay."