header-logo header-logo

13 June 2014 / John De Waal KC
Issue: 7610 / Categories: Features , Property
printer mail-detail

Sham transactions

web_property_shamtransactions_waal

Easy to spot but difficult to prove, John de Waal QC reports

In difficult times debtors who fear insolvency will take steps to put their assets out of reach of creditors. The easiest target for a judgment creditor is real estate owned by the debtor but the paradox is that, as all practitioners know, if the property is fully charged and the charges exceed its value, then there is no point pursuing it and the debtor will be left in occupation.

Hence the temptation to create sham charges, famously defined by Lord Justice Diplock in Snook v London and West Riding Investors Ltd [1967] 2 QB 786 as: “Acts done or documents executed by the parties to the ‘sham’ which are intended by them to give to third parties or to the court the appearance of creating between the parties legal rights and obligations different from the actual legal rights and obligations (if any) which the parties intend to create.”

Two recent decisions from the same judge, Nicholas Strauss QC sitting as

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Bell Yard Kysen—Liz Giles

Bell Yard Kysen—Liz Giles

Bell Yard Kysen appoints senior legal PR and ex-government communications adviser, Liz Giles

Clarke Willmott—Lee Edwards

Clarke Willmott—Lee Edwards

Clarke Willmott boosts Southampton commercial property team with addition of partner Lee Edwards

Lime Solicitors—four promotions

Lime Solicitors—four promotions

Lime Solicitors announces four promotions

NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
A polished legal defence may owe more to artificial intelligence than legal merit—and creditors risk paying the price in delay and expense
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
Should a conviction stand when a later ruling reveals that the law underpinning it was wrong? The answer exposes a clash between finality and justice
The Environment Agency can prosecute offences beyond environmental legislation where proceedings support its statutory functions, the Divisional Court has confirmed
back-to-top-scroll