AB v CD & Ors

AB v CD & Ors

The share transfers in GUTHRUM Limited were made with the intention and effect of defeating AB's claim for financial relief. EF and CD failed to prove the shares were held on trust for EF or that the transfers were made without such intention. The alleged loan from EF to CD was not proven to be enforceable or repayable. The statutory criteria for setting aside the share transfers were met and the court exercised its discretion to do so.

Parties
Applicant: AB; Respondent: CD; Respondent: EF; Respondent: GH
Jurisdiction
England and Wales
Judgment Date
30 April 2025
Procedural Posture
Financial Remedy Proceedings / Judgment Following Trial of Preliminary Issues
Outcome
Share transfers set aside; alleged loan claim dismissed.
Legal Topics
Avoidance of Dispositions, Constructive and Resulting Trusts, Financial Relief on Divorce, Share Transfers, Loan Agreements
Family Law Trusts and Equity Company Law Avoidance of Dispositions Constructive and Resulting Trusts Financial Relief on Divorce Share Transfers Loan Agreements

Case Brief

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Parties

AB

Applicant

CD

Respondent

EF

Respondent

GH

Respondent

Procedural Posture

Financial Remedy Proceedings / Judgment Following Trial of Preliminary Issues

Legal Issues

  1. 1 Whether share transfers in GUTHRUM Limited should be set aside under s.37 Matrimonial Causes Act 1973 as intended to defeat applicant's claim for financial relief
  2. 2 Whether CD held shares in GUTHRUM Limited on trust for EF
  3. 3 Whether EF's alleged loan to CD for purchase of BLACKSMITH should be repaid

Ratio Decidendi

The share transfers in GUTHRUM Limited were made with the intention and effect of defeating AB's claim for financial relief. EF and CD failed to prove the shares were held on trust for EF or that the transfers were made without such intention. The alleged loan from EF to CD was not proven to be enforceable or repayable. The statutory criteria for setting aside the share transfers were met and the court exercised its discretion to do so.

Court Disposition

Share transfers set aside; alleged loan claim dismissed.

Orders

  • The share transfers in GUTHRUM Limited dated 30 April 2019 are set aside.
  • EF's claim for repayment of the alleged loan of £251,142 is dismissed.