Category: sham transactions

Separate legal personality – an explanation and a defence – Journal of Corporate Law Studies

Posted July 29th, 2024 in company law, legal personality, news, sham transactions by sally

‘The article proposes a modern version of real entity theory to explain the principle of the separate legal personality of the company. This theoretical model relies on scholarship from the wider social sciences that demonstrates that organisations bring about behaviours that would not exist but for the organisational context. Organisations are real in their consequences. The principle of separate legal personality condones, supports, and protects the ability of organisations to act autonomously. The article further suggests that we do not need a principle of corporate “disregard” but should continue on the path of developing context-specific rules addressing questions arising out of corporate abuses.’

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Journal of Corporate Law Studies, 17th July 2024

Source: www.tandfonline.com

Court bid to protect tenants from ‘ghost landlords’ – BBC News

Posted January 26th, 2023 in contracts, houses in multiple occupation, housing, landlord & tenant, news, sham transactions, Supreme Court by sally

‘Housing campaigners hope a Supreme Court ruling to legally define who should be deemed a landlord will help protect tenants in some of England’s worst rental properties.’

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BBC News, 26th January 2023

Source: www.bbc.co.uk

High Court rejects appeal from sham marriages solicitor – Legal Futures

Posted October 12th, 2021 in appeals, disciplinary procedures, marriage, news, sham transactions, solicitors by sally

‘The High Court has rejected an appeal from a solicitor struck off twice by the Solicitors Disciplinary Tribunal (SDT) after being recorded by an undercover TV reporter giving advice on what he knew was a sham marriage.’

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Legal Futures, 12th October 2021

Source: www.legalfutures.co.uk

‘Sham marriage’ solicitor loses strike-off appeal – Legal Futures

Posted June 4th, 2020 in abuse of process, appeals, disciplinary procedures, entrapment, news, sham transactions, solicitors, visas by sally

‘The High Court has dismissed an appeal by a solicitor struck off after telling an undercover television reporter that he would help them apply for a visa on the back of a bogus marriage.’

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Legal Futures, 4th June 2020

Source: www.legalfutures.co.uk

Minister apologises to couple wrongly accused of sham marriage – The Guardian

Posted April 15th, 2019 in immigration, marriage, married persons, ministers' powers and duties, news, sham transactions by michael

‘A Home Office minister has apologised to a couple wrongly accused of entering a sham marriage, amid condemnation by politicians and human rights campaigners over the treatment of genuine couples.’

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The Guardian, 15th April 2019

Source: www.theguardian.com

Solicitor caught in TV sham marriage sting struck off – Legal Futures

Posted April 9th, 2019 in disciplinary procedures, marriage, news, sham transactions, solicitors by sally

‘A solicitor who was recorded by an undercover reporter giving advice on what he knew was a sham marriage has been struck off by the Solicitors Disciplinary Tribunal (SDT).’

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Legal Futures, 9th April 2019

Source: www.legalfutures.co.uk

Detecting assets in financial proceedings (Richardson-Ruhan v Ruhan) – Family Law

Posted December 19th, 2017 in divorce, family courts, financial provision, news, sham transactions, third parties by sally

‘Family analysis: In Richardson-Ruhan v Ruhan the court was concerned with assertions that assets belonging to the husband were held for him by a nominee, related commercial proceedings and arguments as to sham. Michael Chapman, partner, and Holly Tootill, senior associate, both from JMW, who acted for the wife in this case, answer some questions on this complicated and extensive decision.’

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Family Law, 18th December 2017

Source: www.familylaw.co.uk

Sham Trusts and the Grand National – Family Law Week

Posted June 30th, 2017 in financial provision, news, sham transactions, trusts by tracey

‘Mark Warwick QC of Selborne Chambers explains the hurdles that need to be cleared in order to establish that a trust is a sham in the light of the judgment in ND v SD and Others (2017) EWHC 1507 (Fam).’

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Family Law Week, 28th June 2017

Source: www.familylawweek.co.uk

The Rangers Case and EBTs – RPC Privacy Law

Posted August 1st, 2014 in employment, news, remuneration, sham transactions, trusts by sally

‘On 8 July 2014, the Upper Tribunal (Tax and Chancery Chamber) (UT) handed down its eagerly awaited judgement in HMRC v Murray Group Holdings and Others[1], which concerned an Employee Benefit Trust (EBT) structure. Most readers will know this case as the ‘Rangers Case’, as the facts relate to employees of the Scottish football club as it existed before its liquidation and subsequent purchase.’

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RPC Privacy Law, 31st July 2014

Source: www.rpc.co.uk

Lloyds TSB Bank plc v Markandan & Uddin (a firm) – WLR Daily

Posted February 13th, 2012 in law reports, sale of land, sham transactions, solicitors, trusts by sally

Lloyds TSB Bank plc v Markandan & Uddin (a firm) [2012] EWCA Civ 65a; [2012] WLR (D) 29

“The completion of sale of land and mortgage did not become effective until all executed title documents including mortgage loan agreement and deed in the name of the purchasers or an effective undertaking from the purchaser’s real solicitor or agent to exchange the documents were received by the vendor or his agent. Therefore, a solicitor who had parted with the money entrusted to him by the lender to a purchaser’s fictitious solicitor in exchange for a purported undertaking from the bogus solicitor to exchange and forward those documents committed a breach of trust.”

WLR Daily, 9th February 2012

Source: www.iclr.co.uk

Stonham v Ramrattan and another – WLR Daily

Posted February 18th, 2011 in law reports, limitations, matrimonial home, sham transactions, trustees in bankruptcy by sally
“Section 283A of the Insolvency Act 1986, which gave a trustee in bankruptcy three years from the date of the bankruptcy to decide what to do about any interest in a house inhabited by the bankrupt or their current or former spouse or civil partner, was concerned only with property which actually formed part of the bankrupt’s estate at the time at the commencement of the bankruptcy. It did not apply to property currently vested in a third party but in respect of which a claim to set aside a transaction at an undervalue might be made under section 339 of the 1986 Act, in respect of which the limitation period remained the 12 years provided for under section 8 of the Limitation Act 1980.”
WLR Daily, 17th February 2011
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.