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