Allen v Hurst & Ors [2022] EWHC 2204 (Ch) (26 August 2022)

Allen v Hurst & Ors [2022] EWHC 2204 (Ch) (26 August 2022)

The Declaration of Trust executed by Mr and Mrs Hurst on 19 June 2009 constituted a transaction at an undervalue for the purposes of s.423 Insolvency Act 1986, and was entered into for the purpose of putting assets beyond the reach of creditors or prejudicing their interests; the statutory requirements are satisfied and the declaration is granted.

Citation
[2022] EWHC 2204 (Ch)
Parties
Applicant: Paul Allen; First Respondent: Ann Stephanie Hurst; Second Respondent: Robert Alfred Hurst; Third Respondent: Fiona Sarah Boroshek; Fourth Respondent: Peter Adam Hurst; Fifth Respondent: Caroline Joanna Hurst
Jurisdiction
England and Wales
Judgment Date
26 August 2022
Procedural Posture
Insolvency Application Under S.423 Insolvency Act 1986 / Judgment Following Hearing on Declaration; Further Relief Adjourned
Outcome
Declaration granted that the Declaration of Trust was a transaction at an undervalue for the purpose of defrauding creditors under s.423 Insolvency Act 1986; further relief adjourned.
Legal Topics
Transaction at Undervalue, Fraudulent Conveyance, Trusts, Bankruptcy, Civil Restraint Orders
Insolvency Property Law Equity Transaction at Undervalue Fraudulent Conveyance Trusts Bankruptcy Civil Restraint Orders

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 5 Authorities cited 10 Party arguments 2 Amounts and remedies 7
Sign in to unlock

Parties

Paul Allen

Applicant

Ann Stephanie Hurst

First Respondent

Robert Alfred Hurst

Second Respondent

Fiona Sarah Boroshek

Third Respondent

Peter Adam Hurst

Fourth Respondent

Caroline Joanna Hurst

Fifth Respondent

Procedural Posture

Insolvency Application Under S.423 Insolvency Act 1986 / Judgment Following Hearing on Declaration; Further Relief Adjourned

Legal Issues

  1. 1 Whether the Declaration of Trust was a transaction at an undervalue under s.423 Insolvency Act 1986
  2. 2 Whether the Declaration of Trust was entered into for the purpose of putting assets beyond the reach of creditors or prejudicing their interests

Ratio Decidendi

The Declaration of Trust executed by Mr and Mrs Hurst on 19 June 2009 constituted a transaction at an undervalue for the purposes of s.423 Insolvency Act 1986, and was entered into for the purpose of putting assets beyond the reach of creditors or prejudicing their interests; the statutory requirements are satisfied and the declaration is granted.

Court Disposition

Declaration granted that the Declaration of Trust was a transaction at an undervalue for the purpose of defrauding creditors under s.423 Insolvency Act 1986; further relief adjourned.

Orders

  • Declaration that the Declaration of Trust is a transaction at an undervalue under s.423 Insolvency Act 1986
  • Further relief (including setting aside, possession, sale, or monetary orders) adjourned to later hearing