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Practice – Interim remedy. The proceedings concerned property previously owned by an individual, W, the subject of the largest ever personal bankruptcy in British legal history. While insolvent, W had sold the property to his father, who had later made it the subject of a trust. The property was seized by court enforcement officers, following an arbitration award in the defendant's favour. The claimants claimed ownership of, and sought injunctions in relation to, the property seized. The Queen's Bench Division, in dismissing the first claimant's application, held that he had not established that there was a serious issue to be tried. The alleged transaction by W to sell the chattels to his father had not been not an assignment and did not fall within the meaning of the words of s 4 of the Bills of Sale Act 1878.
Practice – Interim remedy. The proceedings concerned property previously owned by an individual, W, the subject of the largest ever personal bankruptcy in British legal history. While insolvent, W had sold the property to his father, who had later made it the subject of a trust. The property was seized by court enforcement officers, following an arbitration award in the defendant's favour. The claimants claimed ownership of, and sought injunctions in relation to, the property seized. The Queen's Bench Division, in dismissing the first claimant's application, held that he had not established that there was a serious issue to be tried. The alleged transaction by W to sell the chattels to his father had not been not an assignment and did not fall within the meaning of the words of s 4 of the Bills of Sale Act 1878.
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