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04 April 2025
Issue: 8111 / Categories: Legal News , Insolvency , Property
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NLJ this week: Transactions at an undervalue in El-Husseiny

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The El-Husseiny litigation ‘is as academic as it is important’, write Joseph Tendler, senior associate at Marriott Harrison, and Daniel Warents, barrister at XXIV Old Buildings, in this week’s NLJ. The Supreme Court’s judgment considers in detail the scope of certain sections of the Insolvency Act 1986.

The case concerns transactions at an undervalue, which often involve the gifting of valuable properties to close relatives or associates of the debtor. The debtor’s subjective intention can then be inferred from the circumstances, for example, where the debtor was in financial difficulties at the time of the gift. But, how do you determine whether there has been a transaction at an undervalue?

Tendler and Warents write: ‘It is the first sustained analysis by the Supreme Court of key elements of the statutory scheme in the Act. It is therefore likely to be a significant reference point for future cases concerning transactions at an undervalue.’

MOVERS & SHAKERS

Arc Pensions Law—Matthew Swynnerton

Arc Pensions Law—Matthew Swynnerton

Chair of the Association of Pension Lawyers joins as partner

Ampa Group—Kamal Chauhan

Ampa Group—Kamal Chauhan

Group names Shakespeare Martineau partner head of Sheffield office

Blake Morgan—four promotions

Blake Morgan—four promotions

Four legal directors promoted to partner across UK offices

NEWS

The abolition of assured shorthold tenancies and section 21 evictions marks the beginning of a ‘brave new world’ for England’s rental sector, writes Daniel Bacon of Seddons GSC

Stephen Gold’s latest Civil Way column rounds up a flurry of procedural and regulatory changes reshaping housing, alternative dispute resolution (ADR) and personal injury litigation
Patients are being systematically failed by an NHS complaints regime that is opaque, poorly enforced and often stacked against them, argues Charles Davey of The Barrister Group
A wealthy Russian divorce battle has produced a sharp warning about trying to challenge foreign nuptial agreements in the wrong English court. Writing in NLJ this week, Vanessa Friend and Robert Jackson of Hodge Jones & Allen examine Timokhin v Timokhina, where the High Court enforced Russian judgments arising from a prenuptial agreement despite arguments based on the landmark Radmacher decision
An obscure Victorian tort may be heading for an unexpected revival after a significant Privy Council ruling that could reshape liability for dangerous escapes, according to Richard Buckley, barrister and emeritus professor of law at the University of Reading
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