The effect of an order under section 37 is to annul or ‘avoid’ the transaction under attack. Moreover, the bad intention to defeat the principal ancillary relief claim is presumed for transactions done within the three year period before the avoidance claim. There is no time limit on attackable transactions. A transaction done 20 years earlier is, at any rate in theory, capable of being annulled.
Judges:
Mostyn J
Citations:
[2012] EWHC 2032 (Fam), [2013] 2 FLR 1483
Links:
Statutes:
Cited by:
Cited – Dellal v Dellal and Others FD 1-Apr-2015
The families disputed a claim under the 1975 Act. The defendants now sought summary dismissal of the claim. . .
Lists of cited by and citing cases may be incomplete.
Family, Company
Updated: 14 November 2022; Ref: scu.471767