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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

Sidley—James Inness

Sidley—James Inness

Partner joins capital markets team in London office

Haynes Boone—William Cecil

Haynes Boone—William Cecil

Firm announces appointment of partner as UK general counsel

Devonshires—Nicholas Barrows

Devonshires—Nicholas Barrows

Firm appoints first chief marketing officer to drive growth strategy

NEWS

The Court of Appeal has slammed the brakes on claimants trying to swap defendants after limitation has expired. In Adcamp LLP v Office Properties and BDB Pitmans v Lee [2026] EWCA Civ 50, it overturned High Court rulings that had allowed substitutions under s 35(6)(b) of the Limitation Act 1980, reports Sarah Crowther of DAC Beachcroft in this week's NLJ

A seemingly dry procedural update may prove potent. In his latest 'Civil way' column for NLJ this week, Stephen Gold explains that new CPR 31.12A—part of the 193rd update—fills a ‘lacuna’ exposed in McLaren Indy v Alpa Racing
The long-running Mazur saga edged towards its finale as the Court of Appeal heard arguments on whether non-solicitors can ‘conduct litigation’. Writing in NLJ this week, Professor Dominic Regan of City Law School reports from a packed courtroom where 16 wigs watched Nick Bacon KC argue that Mr Justice Sheldon had failed to distinguish between ‘tasks and responsibilities’
Cheating in driving tests is surging—and courts are responding firmly. Writing in NLJ this week, Neil Parpworth of De Montfort Law School charts a rise in impersonation and tech-assisted fraud, with 2,844 attempts recorded in a year
As AI-generated ‘deepfake’ images proliferate, the law may already have the tools to respond. In NLJ this week, Jon Belcher of Excello Law argues that such images amount to personal data processing under UK GDPR
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