Case No. ZC14D01201

in general but in particular the quote of Rimer LJ in the Court of Appeal at [201] 3 FCR 588 where he said:- “[136]…If property held by a husband has been put into the name of someone who, on the evidence, is obviously a bare trustee for him, there will be no problem in holding that the beneficial ownership has not changed….the court will also not be bamboozled by the use by husbands to a like end of “shams, artificial devices and similar contrivances”. 9.I remind myself that a bare trustee is a trustee who is a mere repository of the trust property with no active duties to perform and no responsibilities in relation to the trust property other than to preserve the property for the beneficiary. The bare trustee is purely passive and “bare” or naked of active duties decreed by the settlor/transferor. Mr Pointer points to a number of instances of this family admitting/asserting that individuals or entities hold assets as nominee/bare trustee for the true owner but, in any event, he says that, if he needs to show sham, this is a sham. 10.Finally, in this regard, Mr Scott referred me to the case of