Re: Sajjid Ahmed Kurd subnom James Earp (trustee in Bankruptcy of Sajjid Ahmed Kurd v Kurd & Anor


11th September 2013


Barristers:

Hugo Groves


Re: Sajjid Ahmed Kurd subnom James Earp (trustee in Bankruptcy of Sajjid Ahmed Kurd v Kurd & Anor

Chancery Division (10/09/2013)
Insolvency - Bankruptcy
LTL 11/09/2013

 

In this case a trustee in bankruptcy applied for directions to determine whether a charge granted by a bankrupt was a sham and if not, what sum was secured by the charge. The case highlights the strict legal and evidential requirements which have to be met in proving a sham. The decision is also of interest from a costs perspective as the Court rejected an argument that the trustee in bankruptcy was entitled to claim his own time costs against the respondents. The general litigation costs between the parties are to be decided at a forthcoming hearing.



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