dbo:abstract
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- Akers v Samba Financial Group [2017] UKSC 6, [2017] AC 424 is a judicial decision of the Supreme Court of the United Kingdom relating to the conflict of laws, trust law and insolvency law. The key issues in the litigation evolved significantly during the appeals process, meaning that the issues addressed by the Supreme Court differed from those considered by the Court of Appeal, which in turn were different from those which were considered at first instance by the Vice Chancellor. However, by the time the case reached the Supreme Court the core issue was whether a transfer of trust property to a bona fide purchaser for value without notice, which extinguished the beneficial interest of a company in liquidation, was void as a "disposition of property" after the commencement of winding up. The case involved consideration of several issues of law which the Supreme Court described as "novel and difficult". The appeal was heard against an application to determine a preliminary issue. Accordingly for the purposes of the hearing the allegations were assumed to be true. The Supreme Court held that the claim should be either stayed or struck out, but deferred making an order as to which pending further representations from the parties. (en)
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- 30487 (xsd:nonNegativeInteger)
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dbp:appealedFrom
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- [2014] EWCA Civ 1516 (en)
- [2014] EWHC 540 (en)
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dbp:caption
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dbp:citations
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- [2017] 2 All ER 97 (en)
- [2017] 2 All ER 799 (en)
- [2017] 2 WLR 713 (en)
- [2017] AC 424 (en)
- [2017] BCLC 151 (en)
- [2017] BPIR 263 (en)
- [2017] UKSC 6 (en)
- [2017] WLR 1261 (en)
- [2017] WLR 57 (en)
- [2017] WTLR 373 (en)
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dbp:concurring
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- Lord Neuberger, Lord Sumption and Lord Collins (en)
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dbp:dateDecided
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dbp:decisionBy
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dbp:dissenting
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dbp:fullName
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- Stephen Akers, Mark Byers, Hugh Dickson and Saad Investments Company Limited v Samba Financial Group (en)
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- (en)
- conflict of laws (en)
- fraudulent transfer (en)
- insolvency (en)
- trusts (en)
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dbp:name
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- Akers v Samba Financial Group (en)
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dbp:subsequentActions
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- [2021] EWHC 60 (en)
- [2022] EWCA Civ 43 (en)
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rdfs:comment
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- Akers v Samba Financial Group [2017] UKSC 6, [2017] AC 424 is a judicial decision of the Supreme Court of the United Kingdom relating to the conflict of laws, trust law and insolvency law. The key issues in the litigation evolved significantly during the appeals process, meaning that the issues addressed by the Supreme Court differed from those considered by the Court of Appeal, which in turn were different from those which were considered at first instance by the Vice Chancellor. However, by the time the case reached the Supreme Court the core issue was whether a transfer of trust property to a bona fide purchaser for value without notice, which extinguished the beneficial interest of a company in liquidation, was void as a "disposition of property" after the commencement of winding up. (en)
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rdfs:label
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- Akers v Samba Financial Group (en)
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