24 Nov, 2021
Hey Big Spender: the role of ‘Change of Position’ in Insolvency Claims
Holly Doyle and John Churchill continue Guildhall Chambers Insolvency Winter Webinar Series by considering the role that the recipient’s change of position has to play in insolvency claims under sections 423, 127 and 340 Insolvency Act 1986, with particular reference to the High Court’s July decision on the appeal in Bucknall & Anor v Wilson  EWHC 2149 (Ch) (upholding the decision at first instance that, despite finding that all the elements of a preference claim were satisfied, the circumstances of the case were sufficiently exceptional to warrant refusing relief).
Holly and John will analyse the current state of the law in this area and consider the practical ramifications for office holders thinking about bringing these types of claim.
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The Team’s previous webinars and materials can be viewed here