In these bitesize clips the Insolvency Litigation team at Mishcon de Reya tackle key issues facing various sectors, key case law and legislative updates and market insights.
How do you prove the purpose of a transaction twenty years after the fact?
In this video Jessica Williams examines the recent decision in Lemos v Church Bay Trust. In this case a creditor and the Trustees in Bankruptcy of Mr Lemos sought to challenge a declaration of trust made by Mr Lemos in 1994 on the grounds that it was a transaction to intended to defraud his creditors.
In this video Jessica discusses:
- The centrality of intention to claims of this kind
- The difficulties in pursuing such claims in relation to historic transactions; and
- The vital importance of documentary evidence to succeeding.