Ansari v Ansari (Bank of Scotland intervening)

Subject Matter

HUSBAND AND WIFE — Property — Transfer of property — Wife registering home rights on breakdown of marriage — Husband conveying former matrimonial home intending to defeat wife's claim for financial relief — Purchasers aware of husband's intention — Purchasers granting charge over property in favour of bank — Whether grant of charge “reviewable disposition” — Whether power to make “consequential directions” allowing court to set aside charge not made by respondent to financial proceedings — Whether power to be exercised in absence of bad faith and of notice of party's intention to defeat claim — Whether bank's knowledge of wife's home rights constituting knowledge of husband's intention — Whether charge to be set aside — Matrimonial Causes Act 1973, s 37(2)(3)(4)

[2008] EWCA Civ 1456; [2010] Fam 1; [2009] 3 WLR 1092; [2009] 1 FLR 1121, CA