Ed Thomas & Anor v Adam Jones & Anor

Ed Thomas & Anor v Adam Jones & Anor

John Jones made the £3m gifts to Adam Jones with the purpose of putting assets beyond the reach of Mr Hamilton and prejudicing his interests, satisfying s.423 Insolvency Act 1986. The trustees' claim succeeds as to the gifts but fails as to the miscellaneous payments, which were not shown to have the prohibited purpose.

Parties
Claimant: Ed Thomas; Claimant: Matthew Carter; Bankrupt: Roderic Alexander Innes Hamilton; Defendant: Adam Jones; Defendant: John Charles Jones
Jurisdiction
England and Wales
Judgment Date
04 August 2025
Procedural Posture
Civil / Judgment
Outcome
Claim succeeds in part
Legal Topics
Transactions at Undervalue, Transactions Defrauding Creditors, Freezing Orders, Bankruptcy, Asset Preservation

Case Brief

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Parties

Ed Thomas

Claimant

Matthew Carter

Claimant

Roderic Alexander Innes Hamilton

Bankrupt

Adam Jones

Defendant

John Charles Jones

Defendant

Procedural Posture

Civil / Judgment

  1. 1 Whether gifts and miscellaneous payments by John Jones to Adam Jones constitute transactions at undervalue under s.423 Insolvency Act 1986
  2. 2 Whether John Jones made the gifts with the purpose of putting assets beyond the reach of creditors or prejudicing their interests
  3. 3 Whether miscellaneous payments were made for the prohibited purpose under s.423

Ratio Decidendi

John Jones made the £3m gifts to Adam Jones with the purpose of putting assets beyond the reach of Mr Hamilton and prejudicing his interests, satisfying s.423 Insolvency Act 1986. The trustees' claim succeeds as to the gifts but fails as to the miscellaneous payments, which were not shown to have the prohibited purpose.

Court Disposition

Claim succeeds in part

Orders

  • Adam Jones to pay £3m into an account in England and Wales subject to the freezing injunction and asset preservation order made by Mr Lance Ashworth QC on 26 July 2019
  • Miscellaneous Payments claim dismissed