‘where a property is owned legally and beneficially by A and B, and B forges A’s signature on a transfer of the property and the transferee (C) knows of the forgery, is the transfer a sham and of no effect or is it effective to transfer B’s equitable interest in the property to C? The second issue which arises is: if the transfer would not be a sham and where C charges the property to a lender, should the court as a matter of public policy, and applying the law as to illegality in relation to transactions, hold that B’s equitable interest remains with B so that C does not acquire any interest and is incapable of charging any interest in favour of the lender?’
[2021] EWHC 2411 (Ch)
Bailii
England and Wales
Updated: 29 September 2021; Ref: scu.667690 br>