Work

Trust declarations and creditor protection in insolvency: lessons from Wade & Anor v Singh & Ors

Year: 2024

Type: article

Abstract: The High Court case Amanda Wade and Nicholas Nicholson (Joint Liquidators of MSD Cash and Carry Plc (In Liquidation)) v Mohinder Singh, Surjit Singh Deol, Raminder Kaur Deol, the Estate of Bakshish Kaur (Deceased) (‘Wade & Anor v Singh & Ors’) examined the validity of a Declaration of Trust and enforcement of charging orders in a corporate insolvency. Involving a property owned by family members of a liquidated company, the case explored the intersection of trust law, property rights, and creditor protection. The court invalidated the Declaration as an attempt to defraud creditors under the Insolvency Act 1986. This case emphasises the importance of clear intent in trust declarations and reinforces creditor rights protection in insolvency proceedings. The case underscores the need for specialist legal advice in property and trust matters, particularly when creditor claims may arise.

Source: Trusts & Trustees

DOI: 10.1093/tandt/ttae086

Author: Charles Ho Wang Mak

Institution: Robert Gordon University

Language: English

Topic: Corporate Insolvency and Governance

Subfield: Accounting

Field: Business, Management and Accounting

Domain: Social Sciences

SDG: Peace, justice, and strong institutions

Open Access status: hybrid

Estimated APC paid: $4,269