Vickers v Jackson

Vickers v Jackson

The charge and underlying invoices were shams, never intended by either party to have legal effect or to secure any genuine indebtedness. As such, the charge is void and of no effect, and the claimant is entitled to relief including removal of the charge and related entries. The defendant's counterclaim fails as it is based on a sham transaction.

Parties
Claimant: Martin Vickers; Defendant: Michael Lawrence Jackson
Jurisdiction
England and Wales
Judgment Date
06 August 2010
Procedural Posture
Civil / Judgment After Trial of Claim and Counterclaim
Outcome
Claim allowed; counterclaim dismissed.
Legal Topics
Sham Transactions, Void Charges, Illegality, Land Charges, Enforcement of Security, Fraudulent Conveyance
Property Law Contract Law Equity Sham Transactions Void Charges Illegality Land Charges Enforcement of Security +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 5 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Martin Vickers

Claimant

Michael Lawrence Jackson

Defendant

Procedural Posture

Civil / Judgment After Trial of Claim and Counterclaim

Legal Issues

  1. 1 Whether the charge entered into between the parties was a sham and void
  2. 2 Whether any genuine indebtedness existed to support the charge
  3. 3 Whether the claimant is barred by illegality from seeking relief

Ratio Decidendi

The charge and underlying invoices were shams, never intended by either party to have legal effect or to secure any genuine indebtedness. As such, the charge is void and of no effect, and the claimant is entitled to relief including removal of the charge and related entries. The defendant's counterclaim fails as it is based on a sham transaction.

Court Disposition

Claim allowed; counterclaim dismissed.

Orders

  • Declaration that the charge is void and of no effect
  • Order for removal/vacation of the land charge and caution against first registration