Fraudulent Transfer in UK Law

  • Armstrong DLW GmbH v Winnington Networks Ltd
    • Chancery Division
    • 11 January 2012
    ... ... That transfer was effected as a result of an email fraud perpetrated upon Armstrong by ... closed its eyes to the risk that the Transaction was fraudulent or improper or alternatively that it knew of circumstances which would ... ...
  • Tinsley v Milligan
    • House of Lords
    • 24 June 1993
    ... ... Street, the judge shied away from holding that the reason why the transfer of this house was in the plaintiff's sole name was to assist in a fraud on ... when two persons agree together in a conspiracy to effect a fraudulent or illegal purpose — and one of them transfers property to the other in ... ...
  • Shalson and Others v Russo and Others; Mimran and Another (Part 20 Claimants)
    • Chancery Division
    • 11 July 2003
    ... ... In addition, PKB would periodically transfer money from these accounts to fiduciary deposit, or call, accounts ("the ... Mr Mimran was induced to make his various loans to Westland by fraudulent misrepresentations made by Mr Russo. It is no different in kind from any ... ...
  • Prest v Petrodel Resources Ltd
    • Supreme Court
    • 12 June 2013
    ... ... on this appeal is whether the court has power to order the transfer of these seven properties to the wife given that they legally belong not ... must be in the nature of an independent wrong that involves the fraudulent or dishonest misuse of the corporate personality of the company for the ... ...
  • Jetivia S.A. and Another (Appellants/6th and 7th Defendants) v Bilta (UK) Ltd ((in Liquidation)) and Others (Respondents/Claimants)
    • Court of Appeal (Civil Division)
    • 31 July 2013
    ... ... The liquidators have separate claims for fraudulent trading under s.213 of the Insolvency Act 1986 (" IA 1986"). The ... 's purchaser or through a different intermediary company before transfer to Bilta's purchaser (see paragraph 22(8) below). (b) Jetivia ... ...
  • Williams v Central Bank of Nigeria
    • Supreme Court
    • 19 February 2014
    ... ... Dr Williams says that in fraudulent breach of that trust, Mr Gale, knowing that those funds were not available ... the trustee, or they have received trust assets knowing that the transfer to them was a breach of trust. In either case, they may be required by ... ...
  • Donohue v Armco Inc. and Others
    • House of Lords
    • 13 December 2001
    ... ... AFSIL and AFSEL each executed an agreement (referred to as "the transfer agreements") transferring all their assets in the BNIG into CISHL. On the ... US plaintiffs, mostly US or non-English defendants, and a fraudulent scheme that allegedly arose in New York, is far removed from the facts of ... ...
  • Ward v Aitken and Others ; Re Oasis Merchandising Services Ltd
    • Court of Appeal (Civil Division)
    • 09 October 1996
    ... ... The first is the transfer of property carrying with it the right to prosecute any cause of action ... action by a liquidator, and the fruits of such an action, for fraudulent preference or fraudulent or wrongful trading, which are not the property ... ...
  • Steadman v Steadman
    • House of Lords
    • 19 June 1974
    ... ... the husband should pay £1,500 to the wife and the wife would transfer to the husband her interest in the house. The Magistrate made orders in ... Using fraud in its older and less precise sense, that would be fraudulent on his part and it has become proverbial that Courts of Equity will not ... ...
  • Red 12 Trading Ltd v HM Revenue and Customs
    • Chancery Division
    • 20 October 2009
    ... ... involved in the same chain of supply and/or the possible fraudulent nature of another transaction in the chain, prior or subsequent to the ... The terms provided that the buyer would not transfer funds to any bank account held off —shore in the seller's name. Since ... ...
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