header-logo header-logo

13 June 2014 / John De Waal KC
Issue: 7610 / Categories: Features , Property
printer mail-detail

Sham transactions

web_property_shamtransactions_waal

Easy to spot but difficult to prove, John de Waal QC reports

In difficult times debtors who fear insolvency will take steps to put their assets out of reach of creditors. The easiest target for a judgment creditor is real estate owned by the debtor but the paradox is that, as all practitioners know, if the property is fully charged and the charges exceed its value, then there is no point pursuing it and the debtor will be left in occupation.

Hence the temptation to create sham charges, famously defined by Lord Justice Diplock in Snook v London and West Riding Investors Ltd [1967] 2 QB 786 as: “Acts done or documents executed by the parties to the ‘sham’ which are intended by them to give to third parties or to the court the appearance of creating between the parties legal rights and obligations different from the actual legal rights and obligations (if any) which the parties intend to create.”

Two recent decisions from the same judge, Nicholas Strauss QC sitting as a deputy judge in the Chancery Division, have reminded us

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Anthony Collins—20 promotions

Anthony Collins—20 promotions

20 promotions mark major people investment at national law firm, Anthony Collins

Sidley—Elaine Whiteford

Sidley—Elaine Whiteford

Sidley adds competition litigator Elaine Whiteford in London

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys welcomes Claudina D’Costa as Director of Client Development Marketing

NEWS
The 25th Pro Bono Week begins today until 6 November, with events hosted by law firms, chambers, law schools and charities across the UK
Pro bono is celebrating a silver anniversary, with initiatives putting businesses and students at the heart of access to justice
Choosing the wrong expert can cost a clinical negligence claimant more than their case
Judges risk weakening their own independence by staying silent over government reforms, a leading public lawyer argues
A discount on damages does not automatically mean an equivalent haircut for legal costs in military deafness claims
back-to-top-scroll