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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

Harneys—Maggie Kwok & George Weston

Harneys—Maggie Kwok & George Weston

Harneys senior leadership appointments

Freeths—Keith Browne & Jim Jordan

Freeths—Keith Browne & Jim Jordan

Freeths strengthens London Construction and Engineering practice with two strategic senior hires

Anthony Collins—Laura Moss

Anthony Collins—Laura Moss

Anthony Collins announces strategic hire to deepen skills base in the social business sector

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