The family of a Sale woman who drowned in a swimming pool while on holiday has won a key battle in a legal bid to prevent her husband - who was cleared of her murder - from collecting £3.5m in life assurance.
Paula Leeson, 47, drowned in a swimming pool at a Norre Nobel villa, in Denmark, on June 6, 2017.
Her husband Donald McPherson, a property developer, was acquitted of her murder following a trial in March last year. He is now said to be in New Zealand.
READ MORE: The remote mini break which ended in a woman dead and her husband accused of murder
The trial judge ruled there was 'insufficient evidence' he had deliberately drowned his partner for £3.5m in life insurance payouts.
Last year, the Leeson family went to the High Court to block Mr McPherson from receiving the money.
Now it has emerged a judge has dismissed a bid by McPherson's lawyers to 'strike out' the claim.
A statement from the Leeson family's solicitors, Glaisyers, said: "Paula Leeson died in Denmark on 6 June 2017 whilst on holiday with her husband, Donald McPherson.
"In April 2021 the family of Paula Leeson issued a civil claim before the business and property Courts of the High Court in Manchester against Donald McPherson.
"The claim invites the court to find that Donald McPherson unlawfully killed Paula and that he should not be able to benefit financially from his acts from Paula's estate and the +£3.3 million insurance policies written on her life.
"At a remote hearing before His Honour Judge Pearce sitting as a Judge of the High Court, on 12 and 13 January 2022, the Leeson family represented by barristers Leslie Blohm QC and Tom Gosling and solicitors Alison Rocca and Anas Shah of Glaisyers Solicitors were successful in securing the dismissal of Donald McPherson's application to strike out the claim.
"In addition, the court has ordered the disclosure from Greater Manchester Police of a large volume of documents which the court found were likely to support the family's claim, generated by the criminal investigation and prosecution of Donald McPherson for Paula's murder.
"The Leeson family are grateful for the continued assistance of the Greater Manchester Police in this regard.
"The Leeson family are pleased that Donald McPherson's efforts to delay and frustrate the claim over the last six months have been overcome."
They said the next stage is a further directions hearing, likely to be in March 2022.
A full inquest is due to be held into the death but first a judicial review is due to be held to consider the scope of the hearing.
Family QC Sophie Cartwright has said during pre-inquest hearings that the current scope is 'narrow'.
At a hearing in December, she argued the scope should include the period before the trip to Denmark, when Mr McPherson took out multiple life insurance policies, as well as the background of his 'financial irregularity and fraud'.
"Evidence of unlawful manslaughter or murder on the balance of probabilities also needs to be looked at and investigated," she added.
She said: "The family have asked for the scope of the inquest to be reconsidered. We need to be looking at and understanding that holiday in Denmark and what happened on the day and after.
"The family fully support this application and are extremely anxious about this.
"They want to have the proper consideration of all the facts that answer how Pauline met her death. A falsely-done inquest serves nobody."
Ms Leeson had suffered 13 external injuries, including bruises or abrasions to her face and arms, in June 2017.
A pathologist previously said violence could not be ruled out as a cause, but also said the injuries could also have been suffered in a fall or during Mr McPherson's attempts to resuscitate her.
Prosecutors at the trial alleged that he 'stood to gain a vast fortune' from his wife's death but Mr McPherson, born Alexander James Lang, in Auckland, New Zealand, claimed it was a 'tragic accident'.
Mr McPherson's solicitor Graham Small, partner at JMW Solicitors, said: "I can confirm we are representing Donald McPherson in current proceedings but we are unable to comment any further at this stage."
