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England and Wales Case Law

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Civil procedure [2026] EWHC 1103 (Comm)

Voltaire Capital Holdings Ltd & Ors v Watson & Ors

Voltaire Capital Holdings Ltd & Ors v Watson & Ors [2026] EWHC 1103 (Comm) (24 April 2026)

The High Court refused a late application by William Gibson to add six counterclaims in a commercial fraud case, finding serious delay, prejudice, and weak pleading.

  • Amendment of pleadings
  • Counterclaims
  • Fraud
  • Estoppel
  • Unlawful means conspiracy
  • Knowing receipt
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Civil procedure

Voltaire Capital Holdings Limited & Ors v Eric Watson & Ors

The High Court refused a late application by William Gibson to add six counterclaims, holding they were too late, inadequately pleaded, and would jeopardise the trial date.

  • Amendment of pleadings
  • Counterclaims
  • Limitation of actions
  • Fraudulent misrepresentation
  • Unlawful means conspiracy
  • Knowing receipt
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Insolvency [2026] EWHC 314 (Ch)

Garden House Software Ltd v Marsh & Ors

Garden House Software Ltd v Marsh & Ors [2026] EWHC 314 (Ch) (18 February 2026)

The High Court dismissed a reverse summary judgment and strike-out application in a dispute over alleged undervalue and creditor-defrauding transactions involving software assets.

  • Transaction at an undervalue
  • Transaction defrauding creditors
  • Directors' duties
  • Summary judgment
  • Strike out
  • Abuse of process
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Insolvency

Garden House Software Limited v Timothy Marsh & Ors

The High Court dismissed a reverse summary judgment and strike-out application in an insolvency dispute over a software asset transfer and later charge.

  • Transaction at an undervalue
  • Transaction defrauding creditors
  • Directors' duties
  • Summary judgment
  • Strike out
  • Abuse of process
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Insolvency [2022] EWHC 2649 (Ch)

Allen v Hurst & Ors (Re Ann Stephanie Hurst)

Allen v Hurst & Ors (Re Ann Stephanie Hurst) [2022] EWHC 2649 (Ch) (26 October 2022)

The High Court set aside a 2009 declaration of trust as a transaction defrauding creditors and ordered sale of the property, with surplus proceeds paid to the beneficiaries.

  • Transaction defrauding creditors
  • Setting aside trust
  • Distribution of surplus proceeds
  • Sale of property
  • Bankruptcy debts
  • Insolvency-act-1986
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Insolvency law

Paul Allen v Ann Stephanie Hurst & Ors

The High Court set aside a declaration of trust as a transaction defrauding creditors, ordered sale of the property, and directed surplus proceeds to the beneficiaries.

  • Transaction defrauding creditors
  • Setting aside trust
  • Distribution of surplus proceeds
  • Sale of property in bankruptcy
  • Relief under insolvency act 1986 s.423
  • Insolvency-law
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Insolvency [2021] EWHC 1173 (Ch)

Lemos v Church Bay Trust Company Ltd & Ors

Lemos v Church Bay Trust Company Ltd & Ors [2021] EWHC 1173 (Ch) (10 May 2021)

The High Court joined trustees in bankruptcy as co-claimants in a s.423 Insolvency Act claim and gave them sole conduct, finding joinder desirable under CPR 19.2.

  • Joinder of parties
  • Trustees in bankruptcy
  • Transaction defrauding creditors
  • Case management
  • Standing under insolvency act s.423/s.424
  • Joinder-of-parties
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Insolvency

Toorani & Ors v Toorani & Ors

The High Court allowed amendments to add dishonesty and sham allegations in a section 423 Insolvency Act claim, finding the pleaded facts justified them.

  • Transaction defrauding creditors
  • Pleading dishonesty
  • Amendment of pleadings
  • Sham transactions
  • Amendment-of-pleadings
  • Pleading-dishonesty
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Insolvency [2020] EWHC 3477 (Ch)

Toorani & Ors v Toorani & Ors

Toorani & Ors v Toorani & Ors [2020] EWHC 3477 (Ch) (23 December 2020)

The High Court allowed claimants to amend pleadings in a section 423 Insolvency Act challenge, holding the proposed dishonesty and sham cases were arguable.

  • Transaction defrauding creditors
  • Pleading amendments
  • Pleading dishonesty
  • Sham transactions
  • Inheritance tax avoidance
  • Insolvency-act-1986
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Insolvency [2019] EWHC 327 (Ch)

Lygoe & Ors

Lygoe & Ors [2019] EWHC 327 (Ch) (21 February 2019)

The High Court refused to strike out a dishonesty claim and allowed amendments adding conspiracy and dishonest assistance claims in a bankruptcy dispute.

  • Transaction defrauding creditors
  • Dishonest assistance
  • Unlawful means conspiracy
  • Amendment of pleadings
  • Strike out application
  • Limitation period
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England and Wales decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.