The Supreme Court has confirmed that s.423 of the Insolvency Act 1986, which provides for the avoidance of certain transactions where they have been entered into for the purpose of defrauding creditors, has a broad application and covers not only transactions entered into by the debtor personally, but also those entered into via the debtor's company: El-Husseiny and another v Invest Bank PSC [2025] UKSC 4.
United Kingdom, Insolvency & Restructuring, Litigation, Herbert Smith Freehills LLP, Insolvency Act 1986 (UK)
The High Court has ordered two former directors of British Home Stores (BHS) to pay compensation of £110 million in respect of misfeasance claims brought by the former retailer’s liquidators (Wright v Chappell [2024] EWHC 2166 (Ch)).
United Kingdom, Company & Commercial, Insolvency & Restructuring, Litigation, Herbert Smith Freehills LLP