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England and Wales decisions
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Transfers of shares by Aliotta Holdings to Mr Sleater and Mr Whitehead in 2024 were at an undervalue and intended to put assets beyond reach of claimants, engaging section 423 and requiring reversal; subsequent 2025 transfers were for sufficient consideration and not at undervalue, so section 423 did not apply.
Source excerpt
Devani v Sharon (Re Hermes House NW2 Ltd) [2026] EWHC 1037 (Ch) (05 May 2026)
The High Court rejected a claim that a shareholder was entitled to 50% of a company and found no binding agreement at a 2021 meeting.
The High Court partly allowed an amendment application in a property dispute, permitting proprietary estoppel and constructive trust claims, but refusing a challenge to receivers' appointment.
KI v SI (Sham trusts and intervenor proceedings in financial remedy claims) [2026] EWFC 73 (B) (19 March 2026)
The Family Court held that a trust deed in favour of the wife’s mother was a sham, upheld the father’s trust arrangement, and apportioned sale proceeds of land accordingly.
Importers Service Corporation & Anor v Aliotta & Ors [2026] EWHC 533 (Ch) (09 March 2026)
High Court trial under section 423 Insolvency Act 1986 concerning share transfers in a joint venture company and alleged asset shielding.
The court found that Richard Morgan was unfairly excluded from a family farming company, ordered loan repayment and a buy-out, and dismissed Jane Morgan’s counterclaim.
James & Anor v HSBC UK Bank PLC (Rev1) [2026] EWCA Civ 88 (17 February 2026)
Court of Appeal held the claimants had enough information by 2013 to plead fraud, so their proposed claims were time-barred and the appeal failed.
South Bank Hotel Management Company Ltd v Galliard Hotels Ltd & Ors [2026] EWCA Civ 56 (06 February 2026)
The Court of Appeal held that South Bank had an arguable claim against Mr Conway under section 21(1)(b) of the Limitation Act 1980 and remitted the claim.
The High Court allowed an appeal in a family property dispute, holding that a new constructive trust could not be found without evidence of detrimental reliance by Fakar Uddin.
Uddin v Uddin [2026] EWHC 150 (Ch) (30 January 2026)
The High Court allowed an appeal in a family property dispute, holding that a common intention constructive trust could not be found without evidence of detrimental reliance.
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