Linda Riley v John Aidiniantz & Anor

Linda Riley v John Aidiniantz & Anor

Ms Riley's claims under section 423 Insolvency Act and for beneficial ownership are not time barred, not precluded by prior settlement or estoppel, and raise triable issues of intention unsuitable for summary determination; the Defendants' application for summary judgment, strike out, civil restraint order, and security for costs is dismissed.

Parties
Claimant: Linda Riley; First Defendant: John Aidiniantz; Second Defendant: Andrea von Ehrenstein
Jurisdiction
England and Wales
Judgment Date
12 November 2025
Procedural Posture
Civil / Ruling on Summary Judgment, Strike Out, Civil Restraint Order, and Security for Costs
Outcome
Defendants' application for summary judgment, strike out, civil restraint order, and security for costs dismissed.
Legal Topics
Transactions at Undervalue, Limitation Periods, Beneficial Ownership, Summary Judgment, Strike Out, Security for Costs, Issue Estoppel, Abuse of Process
Insolvency Trusts Property Law Civil Procedure Transactions at Undervalue Limitation Periods Beneficial Ownership Summary Judgment +4 more

Case Brief

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Parties

Linda Riley

Claimant

John Aidiniantz

First Defendant

Andrea von Ehrenstein

Second Defendant

Procedural Posture

Civil / Ruling on Summary Judgment, Strike Out, Civil Restraint Order, and Security for Costs

Legal Issues

  1. 1 Whether the section 423 Insolvency Act claim is time barred
  2. 2 Whether the claim is barred by a prior settlement agreement (Tomlin Order)
  3. 3 Whether the share transfers were intended to put assets out of reach of creditors

Ratio Decidendi

Ms Riley's claims under section 423 Insolvency Act and for beneficial ownership are not time barred, not precluded by prior settlement or estoppel, and raise triable issues of intention unsuitable for summary determination; the Defendants' application for summary judgment, strike out, civil restraint order, and security for costs is dismissed.

Court Disposition

Defendants' application for summary judgment, strike out, civil restraint order, and security for costs dismissed.

Orders

  • Mr Aidiniantz to file and serve defence; claim to proceed to trial.
  • No civil restraint order granted.