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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
Thomas & Anor v Jones & Anor [2025] EWHC 756 (Ch) (08 April 2025)
The High Court held that £3 million gifts from John Jones to his son were made to put assets beyond the reach of a creditor, but rejected the claim over miscellaneous payments.
Invest Bank PSC v El-Husseini & Ors [2024] EWHC 2976 (Comm) (21 November 2024)
The Commercial Court dismissed Invest Bank’s section 423 claim, holding it had not proved Ahmad El-Husseini transferred assets with the purpose of defeating creditors.
Emirates NBD Bank PJSC v Almakhawi & Anor [2023] EWHC 1113 (Comm) (12 May 2023)
The High Court enforced a Dubai judgment and held that transfers from a father to his son were made with a purpose of putting assets beyond creditors' reach.
The High Court held that transfers from Petrogat to a related company were transactions defrauding creditors and ordered the individual defendants to pay Integral.
The High Court held that transfers of a bankrupt businessman’s trading assets to a company were transactions at an undervalue intended to hinder creditors.
National Bank Trust v Yurov & Ors [2020] EWHC 1779 (Comm) (05 June 2020)
The court made a final charging order over 38% of the Vestra Account balance, holding that share beneficially belonged to Mr Belyaev and dismissing Mrs Belyaeva’s attempt to vary the freezing order.
The Commercial Court held that 38% of the remaining Vestra Account balance was beneficially owned by Mr Belyaev, granted a final charging order, and refused to vary the freezing order.
The High Court granted service out and alternative service in a claim over English assets alleged to belong to Hong Kong-based defendants, and stayed the proceedings pending Hong Kong litigation.
The High Court struck out a claim arising from fraudulent property transfers, holding the pleaded loss did not flow from the first transfer and the amendment against HM Land Registry lacked merit.
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