Simon Hill successful in Complex Property Case

Author: Reporter
In: News Published: Monday 12 December 2022

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Simon Hill successfully represented an applicant in a 4 day trial in High Court, Business and Property Court, Business List in McLinden v Lu (also known as Khan v McLinden, Lu v Khan) [2022] EWHC 2807 (Ch). On 21 November 2022, Deputy Master Bowles handed down judgment, finding for the applicant. In his 202 paragraph judgment, Deputy Master Bowles dealt with complex issues around: (1) interim/final charging orders; (2) abuse of process; (3) illegality; (4) declarations of trust; (5) instrument's admissibility in court, where Stamp Duty not paid + solicitors undertaking to pay the Stamp Duty; (6) sham instruments; (7) 'similar fact' evidence; (8) constructive trusts; (9) instrument formalities; (10) s.423 of the Insolvency Act 1986 - transactions to defraud creditors; (11) s.357 of the Insolvency Act 1986 - criminal offences linked to gifts/transfers by a prospective bankrupt; (12)

The judgment can be read here or here.

Simon Hill instructed on a direct access basis.