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England and Wales Case Law

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Insolvency

Malcolm Cohen & Anor v Co-Operative Group Limited & Ors

The High Court dismissed liquidators’ insolvency claims over Project Chicago, holding the share-capital withdrawals were not an undervalue and the preference claim failed.

  • Transaction at undervalue
  • Preference
  • Directors' duties
  • Registered societies
  • Liquidation
  • Creditor claims
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Insolvency law [2026] EWHC 1228 (Ch)

Cohen & Anor v Co-Operative Group Ltd & Ors

Cohen & Anor v Co-Operative Group Ltd & Ors [2026] EWHC 1228 (Ch) (21 May 2026)

The High Court considered whether Project Chicago share withdrawals and transfers were transactions at an undervalue or preferences under the Insolvency Act 1986.

  • Transaction at undervalue
  • Preference
  • Liquidation
  • Directors' duties
  • Corporate restructuring
  • Transaction-at-undervalue
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Insolvency [2025] EWHC 1892 (Ch)

Cohen & Anor v Co-Operative Group Ltd & Ors

Cohen & Anor v Co-Operative Group Ltd & Ors [2025] EWHC 1892 (Ch) (29 July 2025)

The High Court refused liquidators leave to amend pleadings to allege a business sale as well as an asset sale, holding the proposed claim was time-barred and very late.

  • Transaction at an undervalue
  • Preference
  • Amendment of pleadings
  • Limitation
  • Business sale agreement
  • Expert evidence
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Insolvency

Robert Armstrong & Ors v Sandra Valerie Harrow

The High Court held that Mrs Harrow was not entitled to exoneration for most of the secured lending, treating her and Mr Russell as joint principal debtors, but allowed limited exoneration for one Merchant Money loan.

  • Equity of exoneration
  • Transaction at undervalue
  • Preference
  • Bankruptcy
  • Joint ownership
  • Beneficial interest
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Insolvency [2024] EWHC 1636 (Ch)

Manolete Partners PLC v Bell & Ors (Re BSS LED [R&D] Ltd)

Manolete Partners PLC v Bell & Ors (Re BSS LED [R&D] Ltd) [2024] EWHC 1636 (Ch) (28 June 2024)

The High Court held that Mr Bell breached his creditor-duty and caused BSS LED [R&D] Ltd to make undervalue transactions and connected-party payments.

  • Transaction at undervalue
  • Director's duties
  • Preference
  • Creditor interests
  • Breach of fiduciary duty
  • Insolvency
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Insolvency [2023] EWCA Civ 1135

Darty Holdings SAS v Carton-Kelly (As Additional Liquidator of Cgl Realisations Limited)

Darty Holdings SAS v Carton-Kelly (As Additional Liquidator of Cgl Realisations Limited) [2023] EWCA Civ 1135 (09 October 2023)

The Court of Appeal held that Comet’s preference claim failed because the only operative decision to repay intra-group debt was made by the board on 3 February 2012.

  • Preference
  • Section 239 insolvency act 1986
  • Intra-group debt repayment
  • Corporate decision-making
  • Pari passu principle
  • Insolvency-preference
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Insolvency law

Asertis Limited v Dale Heathcote & Anor.

The High Court rejected claims over bonus-style rewards paid to a director, but held that a later ÂŁ65,000 payment to a connected company was a preference.

  • Director's duties
  • Transactions at undervalue
  • Preferences
  • Remuneration
  • Tax avoidance schemes
  • Creditors' interests duty
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Company law [2022] EWHC 855 (Ch)

Glam and Tan Ltd, Re

Glam and Tan Ltd, Re [2022] EWHC 855 (Ch) (08 April 2022)

The court held that Mrs Litras breached directors’ duties by making unlawful or unexplained payments and ordered her to restore £70,705.82 plus interest.

  • Directors' duties
  • Misfeasance
  • Unlawful dividends
  • Preference
  • Transaction at undervalue
  • Directors-duties
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Company law [2022] EWHC 153 (Ch)

Manolete Partners Plc v Nag & Anor

Manolete Partners Plc v Nag & Anor [2022] EWHC 153 (Ch) (28 January 2022)

The High Court found Mr Nag breached fiduciary duties by diverting Quore’s sale proceeds and releasing debts improperly, and held Mrs Nag liable for dishonest assistance.

  • Breach of fiduciary duty
  • Dishonest assistance
  • Knowing receipt
  • Misfeasance
  • Preference
  • Director's duties
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England and Wales decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.