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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

Clarke Willmott—Matthew Roach

Clarke Willmott—Matthew Roach

Partner joins commercial property team in Taunton office

Farrer & Co—Richard Lane

Farrer & Co—Richard Lane

Londstanding London firm appoints new senior partner

Bird & Bird—Sue McLean

Bird & Bird—Sue McLean

Commercial team in London welcomes technology specialist as partner

NEWS
What safeguards apply when trust corporations are appointed as deputy by the Court of Protection? 
Disputing parties are expected to take part in alternative dispute resolution (ADR), where this is suitable for their case. At what point, however, does refusing to participate cross the threshold of ‘unreasonable’ and attract adverse costs consequences?
When it comes to free legal advice, demand massively outweighs supply. 'Millions of people are excluded from access to justice as they don’t have anywhere to turn for free advice—or don’t know that they can ask for help,' Bhavini Bhatt, development director at the Access to Justice Foundation, writes in this week's NLJ
When an ex-couple is deciding who gets what in the divorce or civil partnership dissolution, when is it appropriate for a third party to intervene? David Burrows, NLJ columnist and solicitor advocate, considers this thorny issue in this week’s NLJ
NLJ's latest Charities Appeals Supplement has been published in this week’s issue
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