LLOYD HINTON v GILLIAN WOTHERSPOON

LLOYD HINTON v GILLIAN WOTHERSPOON

It was not proved on the balance of probability that Mr Wotherspoon entered into the 2008 transfer for the prohibited purpose of defrauding creditors. The release of the Restriction in 2013 was not a transaction at an undervalue. Mrs Wotherspoon became sole legal and beneficial owner in 2008. The application is dismissed.

Parties
Applicant: Lloyd Hinton; Bankrupt: John Wotherspoon; Respondent: Gillian Wotherspoon
Jurisdiction
England and Wales
Judgment Date
16 August 2022
Procedural Posture
Bankruptcy / Final Judgment
Outcome
Application dismissed
Legal Topics
Transaction at Undervalue, Beneficial Ownership, Fraudulent Conveyance, Trustee in Bankruptcy, Section 423 Insolvency Act, Section 339 Insolvency Act
Insolvency Property Law Transaction at Undervalue Beneficial Ownership Fraudulent Conveyance Trustee in Bankruptcy Section 423 Insolvency Act Section 339 Insolvency Act

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Parties

Lloyd Hinton

Applicant

John Wotherspoon

Bankrupt

Gillian Wotherspoon

Respondent

Procedural Posture

Bankruptcy / Final Judgment

Legal Issues

  1. 1 Did Mr Wotherspoon hold a beneficial interest in Strand House at the time of its sale in 2013?
  2. 2 Was the 2008 transfer of Strand House to Mrs Wotherspoon a transaction defrauding creditors under section 423 IA?
  3. 3 Was the release of the Restriction in 2013 a transaction at an undervalue under section 339 IA?

Ratio Decidendi

It was not proved on the balance of probability that Mr Wotherspoon entered into the 2008 transfer for the prohibited purpose of defrauding creditors. The release of the Restriction in 2013 was not a transaction at an undervalue. Mrs Wotherspoon became sole legal and beneficial owner in 2008. The application is dismissed.

Court Disposition

Application dismissed

Orders

  • Mrs Wotherspoon confirmed as sole legal and beneficial owner of Strand House
  • No relief under section 423 or section 339 IA