Sinclair v Rodney Whiston-Dew & Anor, Re Judmick Estates Ltd [2023] EWHC 657 (KB) (23 March 2023)

Sinclair v Rodney Whiston-Dew & Anor, Re Judmick Estates Ltd [2023] EWHC 657 (KB) (23 March 2023)

Neither the First Defendant nor Churwitz Stanford AG Holdings Ltd had any right, title, or interest in the escrow account, as any such interest would have vested in the First Defendant's trustee in bankruptcy, and the Defendants' attempts to claim the funds were fraudulent and invalid. The Claimant is entitled to...

Source-derived case information.

Citation
[2023] EWHC 657 (KB)
Parties
Claimant: Jonathan Harris Sinclair (Liquidator of Judmick Estates Limited (in creditors’ voluntary liquidation)); First Defendant: Rodney Whiston-Dew; Second Defendant: Churwitz Stanford AG Holdings Ltd; Interested Party: Virgil Levy (Trustee in Bankruptcy of the First Defendant)
Jurisdiction
England and Wales
Judgment Date
23 March 2023
Procedural Posture
Part 8 Claim (declaratory Relief) / Judgment After Hearing; Final Determination
Outcome
Claim granted; declaration made in favour of Claimant
Legal Topics
Ownership of Escrow Funds, Effect of Bankruptcy on Asset Claims, Fraudulent Proceedings, Declaratory Relief, Enforcement of Undertakings
Insolvency Fraud Civil Procedure Ownership of Escrow Funds Effect of Bankruptcy on Asset Claims Fraudulent Proceedings Declaratory Relief Enforcement of Undertakings

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 1 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Jonathan Harris Sinclair (Liquidator of Judmick Estates Limited (in creditors’ voluntary liquidation))

Claimant

Rodney Whiston-Dew

First Defendant

Churwitz Stanford AG Holdings Ltd

Second Defendant

Virgil Levy (Trustee in Bankruptcy of the First Defendant)

Interested Party

Procedural Posture

Part 8 Claim (declaratory Relief) / Judgment After Hearing; Final Determination

Legal Issues

  1. 1 Whether the First or Second Defendant have any right, title or interest in the escrow account held by the Claimant
  2. 2 Whether the escrow sum is vested in the Claimant or the First Defendant's Trustee in Bankruptcy
  3. 3 Validity of judgments and charging orders obtained post-bankruptcy

Ratio Decidendi

Neither the First Defendant nor Churwitz Stanford AG Holdings Ltd had any right, title, or interest in the escrow account, as any such interest would have vested in the First Defendant's trustee in bankruptcy, and the Defendants' attempts to claim the funds were fraudulent and invalid. The Claimant is entitled to the declaration sought.

Court Disposition

Claim granted; declaration made in favour of Claimant

Orders

  • Declaration that neither the First nor Second Defendant have any right, title, or interest in the escrow account held by the Claimant.
  • Costs ordered against the First Defendant on the indemnity basis, summarily assessed at £5,324.25.