Buckinghamshire County Council v Briar & Ors [2002] EWHC 2821 (Ch) (20 December 2002)

Buckinghamshire County Council v Briar & Ors [2002] EWHC 2821 (Ch) (20 December 2002)

The court found that the transfers to LJB Electronics Ltd and Deli Bar Ltd were sham transactions orchestrated by Mr Briar to evade liability under the enforcement notice. The evidence showed that Deli Bar Ltd was a fiction and that Mr and Mrs Briar remained the true owners in equity. The court held that the Council was entitled to relief, including rectification of the Land Register and vesting of the land in Mr and Mrs Briar, as well as injunctions to prevent further avoidance of liability.

Citation
[2002] EWHC 2821 (Ch)
Parties
Claimant: Buckinghamshire County Council; Defendant: Sarbjit Singh Briar; Defendant: Lorraine Janesse Briar; Defendant: LJB Electronics Limited; Defendant: Deli Bar Limited
Jurisdiction
England and Wales
Judgment Date
20 December 2002
Procedural Posture
Civil / Judgment After Trial
Outcome
Judgment for the Claimant
Legal Topics
Enforcement Notice Liability, Sham Transactions, Constructive Trust, Rectification of Land Register, Fraudulent Conveyance
Planning Law Property Law Insolvency Law Enforcement Notice Liability Sham Transactions Constructive Trust Rectification of Land Register Fraudulent Conveyance

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 3 Authorities cited 5 Party arguments 2 Amounts and remedies 6
Sign in to unlock

Parties

Buckinghamshire County Council

Claimant

Sarbjit Singh Briar

Defendant

Lorraine Janesse Briar

Defendant

LJB Electronics Limited

Defendant

Deli Bar Limited

Defendant

Procedural Posture

Civil / Judgment After Trial

Legal Issues

  1. 1 Whether Mr and Mrs Briar remain liable as owners under the Town and Country Planning Act 1990 for clean-up costs despite transfers to companies
  2. 2 Whether the transfers to LJB Electronics Ltd and Deli Bar Ltd were sham transactions to avoid enforcement
  3. 3 Whether the land should be vested back in Mr and Mrs Briar and the Land Register rectified

Ratio Decidendi

The court found that the transfers to LJB Electronics Ltd and Deli Bar Ltd were sham transactions orchestrated by Mr Briar to evade liability under the enforcement notice. The evidence showed that Deli Bar Ltd was a fiction and that Mr and Mrs Briar remained the true owners in equity. The court held that the Council was entitled to relief, including rectification of the Land Register and vesting of the land in Mr and Mrs Briar, as well as injunctions to prevent further avoidance of liability.

Court Disposition

Judgment for the Claimant

Orders

  • Declaration that Mr and Mrs Briar are owners of the land within the meaning of section 336 of the Town and Country Planning Act 1990
  • Order vesting the land in Mr and Mrs Briar and rectifying the Land Register to show them as registered proprietors