Saudi billionaire's model ex-wife wins right to make claim on his fortune

Updated

The ex-wife of a Saudi billionaire who claimed diplomatic immunity has won a High Court battle for the right to make a financial claim against her former partner in the UK courts.

Christina Estrada, a former Pirelli calendar girl, is seeking a multimillion-pound share of Sheikh Walid Juffali's estimated £4 billion fortune after 13 years of marriage and the birth of a daughter, now aged 13.

Dr Juffali argued he had already provided her with a "generous" settlement, and his diplomatic status shielded him from any financial claim in the courts.

But Mr Justice Hayden, sitting in the High Court family division in London, ruled his claim to diplomatic immunity "spurious" on Monday and refused to strike out the ex-wife's claim.

Dr Juffali's legal team say he will appeal.

The 60-year-old international businessman said he acquired diplomatic immunity when he was appointed a permanent representative to the International Maritime Organisation (IMO) by the Caribbean island of Saint Lucia in April 2014.

Ms Estrada, 53, argued her former husband's diplomatic status appeared to be "a flag of convenience" and the tycoon had never attended a meeting of the IMO since his appointment.

The former supermodel also gave evidence in court that he was seriously ill with cancer in a Swiss hospital unable to carry out diplomatic activity and his diplomatic status was a "contrivance" to defeat her case.

Rejecting the ex-husband's application to strike out her financial claim, the judge declared: "I am satisfied that what has transpired here is that (Dr Juffali) has sought and obtained a diplomatic appointment with the sole intention of defeating (Ms Estrada's) claims consequent on the breakdown of their marriage.

"Dr Juffali has not, in any real sense, taken up his appointment, nor has he discharged any responsibilities in connection with it. It is an entirely artificial construct."

Dr Juffali divorced Ms Estrada in Saudi Arabia but asserts in court statements that he has made "generous" provision and acquired for her a property in Beverly Hills, California.

He says he already pays Ms Estrada 100,000 US dollars (£70,700) per month and meets all the expenses of their 13-year-old daughter and intends to make further provision for her "at the appropriate time".

Ms Estrada says Dr Juffali obtained the divorce without her knowledge and it is not possible for her to bring any financial claims against him in his Saudi homeland.

According to papers before the court, London-based Ms Estrada's claim, if successful, could potentially be worth "many millions of pounds". She has said she is "unsure" of the legal ownership of the Beverly Hills property.

She obtained leave under Part III of the Matrimonial and Family Proceedings Act 1984, which relates to overseas divorces, to make an application for financial relief in the family courts in London.

Ms Estrada's legal team argued that any immunity he did have was limited to his official, diplomatic functions and did not extend to the family court proceedings because he is "a permanent resident" of the UK with strong and enduring ties to the country, including those with his ex-wife and his daughter, who was born in England.

Her lawyers submitted Dr Juffali had acquired from his mother Bishopsgate House, a 10-bedroom property set in 40 acres adjoining Windsor Great Park which was the matrimonial home and valued in the region of £100 million.

He had also acquired a £41 million property in Walton Place, Kensington and Chelsea, south-west London, and a substantial property in Devon.

Although the properties were now subject to trust and corporate structures, they were clear indications of his very close ties to England.

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