JSC BTA Bank v Mukhtar Ablyazov & Madiyar Ablyazov [2018] EWCA Civ 1176

Peter Knox QC successfully acted for the 2nd Respondent in the Court of Appeal.

Lord Justice Leggatt:

“The main question on this appeal is whether the trial judge made an error of law in rejecting a claim that a payment of money made by the first defendant as a gift to his son (the second defendant) was made for the purpose of putting assets beyond the reach of the claimant and was therefore liable to be set aside under section 423 of the Insolvency Act 1986.  A second question raised by a respondent’s notice is whether the judge should have rejected the claim in any event on the ground that it is time-barred.”

Judgment is available here.