Sayers & Anor v Dixon & Anor [2025] EWHC 1886 (Ch)
ICC Judge Barber. An insolvency case providing a helpful summary of the principles underlying the determination of an allegation of sham.
Setting Aside Transactions
Smoke and Mirrors: Shams and Illusory Trusts in Divorce Proceedings
The existence of so-called ‘sham’ or ‘illusory’ trusts in divorce proceedings often leads to complex and intellectually engaging work for family and chancery lawyers. Identifying such trusts can significantly impact the value of the matrimonial pot and the eventual financial distribution. Remedies are typically pursued through interim applications under s
Collardeau v Fuchs & Anor [2025] EWFC 36
Judgment date: 19 February 2025
https://caselaw.nationalarchives.gov.uk/ewfc/2025/36
Poole J. Finding of a sham lease within enforcement proceedings of a final financial remedy order.
Facts
A final order was made in June 2023, followed by a series of enforcement orders by Knowles J. An application
FA v OA [2023] EWFC 213
Judgment date: 11 September 2023
https://www.bailii.org/ew/cases/EWFC/HCJ/2023/213.html
HHJ Vincent. Unsuccessful application under s 37 MCA 1973 to set aside loan agreement as being a sham.
H (61) and W (39) married in Nigeria in 2004 and worked in H’s hotel
AP v BP & Ors (financial remedies – appeal – disclosure – privilege) [2023] EWFC 169
Judgment date: 09 March 2023
https://caselaw.nationalarchives.gov.uk/ewfc/2023/169
HHJ Vincent. The facts are as stated in this summary. On the husband’s discovery of the wife’s agreement with the intervenors he sought disclosure of the first agreement. W and the intervenors asserted that it
AP v BP & Ors (financial remedies & s 37 application to set aside disposition) [2023] EWFC 170
Judgment date: 29 August 2023
https://www.bailii.org/ew/cases/EWFC/HCJ/2023/170.html
HHJ Vincent. Application by H to set aside dispositions by W of shares to intervenors.
Facts
H (58) and W (48) married in August 2002 and separated in May 2017. The assets comprised a
Joy v Joy-Morancho [2014] EWHC 3769 (Fam)
Judgment date: 15 April 2014
http://www.bailii.org/ew/cases/EWHC/Fam/2014/3769.html