header-logo header-logo

04 April 2025 / Joseph Tendler , Daniel Warents
Issue: 8111 / Categories: Features , Profession , Insolvency , Property
printer mail-detail

El-Husseiny: more than an academic judgment?

214566
Joseph Tendler & Daniel Warents contemplate the future of s 423 of the Insolvency Act 1986 after the most recent judgment in the El-Husseiny litigation
  • The El-Husseiny judgment is the first time that the Supreme Court has considered in detail the scope of s 423 of the Insolvency Act 1986, as well as ss 238 and 339.

Lady Rose and Lord Richards’ judgment in El-Husseiny and another v Invest Bank PSC [2025] UKSC 4 is as academic as it is important.

It is academic because by the time of its publication on 19 February 2025, Mr Justice Calver had already dismissed all of Invest Bank PSC’s claims under s 423 of the Insolvency Act 1986 at trial on the basis that it had failed to establish that the debtor had acted for the purpose of prejudicing his creditors, as required by s 423(3) of the Act (see Invest Bank PSC v El-Husseini and others [2024] EWHC 2976 (Comm)).

At the same time, it is important

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

mfg Solicitors—Deborah Bufton

mfg Solicitors—Deborah Bufton

Law firm boosts residential property team with new associate appointment

Flint Bishop—Russell Bainbridge

Flint Bishop—Russell Bainbridge

Flint Bishop lands corporate partner from Knights amid Sheffield growth drive

Bird & Bird—Huw Edwards

Bird & Bird—Huw Edwards

Bird Bird appoints expert tech patent litigator as new partner in London

NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

back-to-top-scroll