S – Sham
13/5/20
GO CAPITAL LTD v PHULL [2020] EWHC 1235 (Ch)
Considers when a transaction is a sham [27]. On the facts the court was not satisfied there was a triable issue that a guarantee was a sham, but there were triable issues that the guarantor’s signature had been forged, the guarantee had not been executed as a deed and consideration had been provided for it to operate as a contract.
13/9/18
Stoffel & Co v Grondona [2018] EWCA Civ 2013
A claimant involved as borrower in a mortgage fraud was not prevented from obtaining damages from negligent solicitors who had acted for the claimant in the transaction. Considers principles of sham transactions and illegality.
10/9/13
EARP v KURD [2013] Ch
Considers principles to be applied to determine whether a legal charge is a sham transaction [135]. Although the charge had been granted to ensure that the chargor had no valuable interest in the charged property in the event of his bankruptcy, it was not a sham but effective to secure certain advances made to the chargor.
9/11/12
PANKHANIA v CHANDEGRA [2012] EWCA Civ 1438
A declaration of trust of land expressly providing for the property to be held as joint tenants in equal shares was conclusive, unless varied by subsequent agreement, affected by proprietary estoppel, or set aside on grounds such as fraud, mistake or undue influence. The declaration could not be challenged as a sham merely because the appearance of one party on the title was a matter of convenience.