Scottish aristocrat and estranged wife disagree where to fight for sizeable estate

An aristocrat and his estranged wife who disagree over where they should stage a fight over money have begun the latest round of an Anglo-Scottish legal battle which has spanned more than four years.

Five Supreme Court justices began analysing the dispute between Charles Villiers and Emma Villiers at a hearing in London yesterday.

Mr and Mrs Villiers, who lived near Dumbarton and separated 18 years after marrying, are divorcing in Scotland.

But they disagree over whether arguments over money should be heard in an English or Scottish court.

Mr Villiers, 56, says because divorce proceedings are taking place in Scotland any fight over money should also be staged in Scotland.

His wife, who now lives in England, disagrees.

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A judge based in the Family Division of the High Court in London initially considered the case.

Mrs Justice Parker, who began analysing arguments in 2015, said any fight over the division of assets should take place in England.

In 2018, three Court of Appeal judges in London upheld that decision and dismissed an appeal by Mr Villiers.

They said divorce proceedings in Scotland and a money fight in England were not “related actions”.

Mr Villiers then asked Supreme Court justices to consider the case. Five Supreme Court justices are due to hear arguments from lawyers representing Mr and Mrs Villiers and the Ministry of Justice over two days.

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They are expected to publish a ruling next year.

Lawyers say justices are dealing with an important issue.

“The Supreme Court is being asked to address the issue of forum shopping,” said lawyer Neil Russell, who is based at law firm Seddons. “This can be of crucial concern in particular in divorce cases, because in England and Wales there is potential for a life-time maintenance award to be granted, whilst in Scotland the maximum award is for three years only.

“The choice of jurisdiction therefore has significant potential financial implications for the divorcing parties. This case not only highlights that the Scottish and English laws can be so different but also that it is not only in the international arena that parties are competing for jurisdiction.”

Mr and Mrs Villiers are listed on the website www.thepeerage.com. Lawyers representing Mr Villiers say he is a relative of the Duchess of Cornwall.