On 19 February 2025, Mr Justice Poole handed down his judgment in the latest round of litigation between Mrs Collardeau and Mr Fuchs. Justin Warshaw KC represented the successful applicant, Alvina Collardeau, instructed by Caroline Holley and Stephanie Liddell of Farrer & Co.
In granting the application and setting aside a lease made by Mr Fuchs in favour of his friend’s company, Poole J rejected without hesitation Mr Hooker’s claim that the transaction was for consideration and made in good faith and declared the agreement a sham intended to frustrate the enforcement of over £18m owing to Mrs Fuchs.
The decision emphasises the wide ambit of s.37(6) and provides a helpful reminder that assured shorthold tenancies cannot be made in favour of a company, only an individual.
Access judgment here.
