An aristocrat's estranged wife has won the latest round of a seven-year legal battle over a £12 million tax blunder. Charles and Emma Villiers became embroiled in a dispute over whether financial decisions should be made in a Scottish or English court.
Three Court of Appeal judges, Lord Justice Moylan, Lord Justice Coulson, and Lord Justice Arnold, overturned a ruling made by Mr Justice Mostyn in March 2021. Mr Justice Mostyn had dismissed Mrs Villiers' application for maintenance, concluding that Mr Villiers could not afford to pay and that both parties were left 'financially ruined' by the litigation.
Lord Justice Moylan said he reached the 'clear conclusion' that Mr Justice Mostyn was wrong. Philip Cayford QC, representing Mrs Villiers, argued that Mr Villiers had failed to provide full disclosure of his finances, allowing him to 'profit from his ongoing breach of court orders.'
Michael Horton QC, for Mr Villiers, urged the court to dismiss the appeal, stating it was time to end the litigation and allow the marriage, which has been an 'empty shell' since 2012, to be dissolved by a Scottish court.
The couple separated in 2012 after 18 years of marriage. Mr Villiers lives in Scotland, while Mrs Villiers resides in London. A previous judge had ordered Mr Villiers to pay £2,500 a month in maintenance, which he failed to pay, leaving Mrs Villiers claiming hundreds of thousands of pounds owed.
Mr Villiers is a relative of the Duchess of Cornwall. The case continues as the legal battle enters its eighth year.
