As one of the contributing speakers at Chambers' recent Business & Property Conference, Matthew Crowe delivered a talk entitled:
‘Underpay, Overpay, Wriggling Free: Preference Payments & Transactions at an Undervalue’.
The session explores the ‘sharp edge’ of the Insolvency Act 1986, focusing on the law surrounding transactions at an undervalue and how officeholders may unwind improper asset depletion. Matthew analyses the Supreme Court’s recent decision in El-Husseiny v Invest Bank PSC [2025] UKSC 4 which examined what constitutes a “transaction”, whether the debtor must own the asset transferred and the relevance of subjective intention. Matthew then goes on to discuss the application of the judgment in subsequent cases.
Topics covered include:
- Statutory framework for transactions at an undervalue
- The role of intention and the statutory purpose test
- Key principles from El-Husseiny
- Subsequent case law developments
- Pleadings
- Evidential standards
- Privilege issues
There is a handout that accompanies the session. If you do not have a copy and would like one, please email stevew@trinitychambers.co.uk.
This recorded seminar and its accompanying notes are made available for educational and information purposes only. The views expressed in it are those of the speaker. The contents do not constitute legal advice and should not be relied on as such. The speaker and Trinity Chambers accept no responsibility for the continuing accuracy of the contents. Contact Trinity Chambers if you have a specific legal query.