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5-04-2019

A heavy burden? 

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The evidential burden of proof for transactions defrauding creditors.

Partner Graham McPhie writes for Lexis Nexis journal, Corporate Rescue and Insolvency, Volume 12 issue 2. To sign up to recieve this bi-monthly journal, or to find out more, click here.

Key points include:

  • Re Robin Farrell Tate and another v Farrell and others [2019] EWHC 119 (Ch) is a case dealing with the evidential burdens of proof for a claim under s 423 of the Insolvency Act 1986 that assets were gifted with the intention to remove them from creditors or prejudice the interests of others who might make a claim.
  • This article involves a consideration of the requirements of s 423 and the steps an applicant is required to take in order to bring successful claim.
  • It also provides a comparison of the differences between bringing a claim under s 423 of the Act and a straightforward claim for a transaction at undervalue as set out in s 339.

To download a PDF version of the full article, please click here.

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