ANCILLARY RELIEF: Independent Trustee Services Ltd v GP Noble Trustees [2010] EWHC 3275 (Ch)

08 FEB 2011

(Chancery Division; Peter Smith J; 14 December 2010)

There had been a finding that the husband had dishonestly procured the transfer of £52m out of certain pension schemes. The judge had permitted £31m of this be paid to the solicitors acting on behalf of the impacted pension schemes. At issue was whether sums paid to his wife in ancillary relief proceedings by consent should be repaid on grounds that they represented funds wrongly removed from the pension schemes.

Held that money paid to the wife pursuant to a consent order became hers absolutely as a bona fide purchaser and that was unaffected by her application to set aside the consent order for non-disclosure. The court had power under CPR 3.1(7) to vary an order transferring frozen funds to the Claimant, but would not exercise its discretion to do so.

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