4Eng Ltd v Harper & Ors

Clive Freedman QC, Ian Smith (instructed by McGrigors) for the Claimant Toby Watkin (instructed by Arthur Barnes) for the First Defendant Nigel Hood (instructed by Byrne & Partners) for the Second Defendant Romie Tager QC, Stuart Hornett (instructed by Hughmans) for the Third, Fourth & Fifth Defendants David Burles (instructed by Messrs Bircham Dyson Bell) for the Sixth Defendant Hearing dates: 20/7/09 � 31/7/09 ____________________

(2) Where an asset has been transferred to a transferee who has no knowledge that the transferor acted with a relevant purpose in making the transfer, and then the transferee has simply held the asset while its value has fluctuated in line with market conditions, I think that ordinarily the appropriate order under s. 423(2) and s. 425 should be an order for the transfer of the asset (either to the creditors directly or to the transferee);

(4) Mr Simpson and Mr Harper transferred further property (�36,849.42) for the benefit of Mrs Simpson over a period of time from January 1991 to fund a self-invested pension plan for her with HSBC plc in respect of her services as a part time employee for Excel over a number of years. These transfers appear to have been for a good reason, and occurred before the critical time of April/May 2003. Therefore, 4Eng has not established that the transfers in relation to this item were for a relevant purpose, and its claim in respect of them fails;

(6) Mr and Mrs Simpson set up another joint account with Abbey National, no. X8545490, in the 1980s. It has a very small balance on it. Similar points apply here as in relation to (5) above, so 4Eng's claim in relation to this account also fails;

(7) Mr and Mrs Simpson set up a joint account with Bradford & Bingley, no. 32BB000095E, in the early 1990s. For the same reasons as in relation to (5) and (6) above, 4Eng's claim in relation to this account fails;