header-logo header-logo

El-Husseiny: more than an academic judgment?

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

Charles Russell Speechlys—Matthew Griffin

Charles Russell Speechlys—Matthew Griffin

Firm strengthens international funds capability with senior hire

Gilson Gray—Jeremy Davy

Gilson Gray—Jeremy Davy

Partner appointed as head of residential conveyancing for England

DR Solicitors—Paul Edels

DR Solicitors—Paul Edels

Specialist firm enhances corporate healthcare practice with partner appointment

NEWS
The proposed £11bn redress scheme following the Supreme Court’s motor finance rulings is analysed in this week’s NLJ by Fred Philpott of Gough Square Chambers
In this week's issue, Stephen Gold, NLJ columnist and former district judge, surveys another eclectic fortnight in procedure. With humour and humanity, he reminds readers that beneath the procedural dust, the law still changes lives
Generative AI isn’t the villain of the courtroom—it’s the misunderstanding of it that’s dangerous, argues Dr Alan Ma of Birmingham City University and the Birmingham Law Society in this week's NLJ
James Naylor of Naylor Solicitors dissects the government’s plan to outlaw upward-only rent review (UORR) clauses in new commercial leases under Schedule 31 of the English Devolution and Community Empowerment Bill, in this week's NLJ. The reform, he explains, marks a seismic shift in landlord-tenant power dynamics: rents will no longer rise inexorably, and tenants gain statutory caps and procedural rights
Writing in NLJ this week, James Harrison and Jenna Coad of Penningtons Manches Cooper chart the Privy Council’s demolition of the long-standing ‘shareholder rule’ in Jardine Strategic v Oasis Investments
back-to-top-scroll