X v X [2016] EWHC 1995 (Fam)

ICC Judge Barber. An insolvency case providing a helpful summary of the principles underlying the determination of an allegation of sham.

Harrison J. A Schedule 1 application and connected application under s 423 Insolvency Act 1986. Order for provision of a housing fund; periodical payments; security for maintenance and school fees. The court came just short of making an order under s 423, but made relevant findings.

Judgment date: 2 July 2025 https://caselaw.nationalarchives.gov.uk/uksc/2025/26 Lord Burrows and Lord Stephens (with whom Lord Reed, Lord Lloyd-Jones and Lady Simler agree). The Supreme Court unanimously dismissed W’s appeal, upheld the Court of Appeal’s decision, and clarified application of the sharing principle