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England and Wales Case Law

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Insolvency

Malcolm Cohen & Ors v Co-operative Group Limited & Ors

Permission to adduce business valuation and restructuring expert evidence was refused because the pleaded case did not support the relevance or necessity of such evidence, and the issues could be resolved by factual evidence without expert opinion.

  • Transaction at undervalue
  • Preferences
  • Expert evidence
  • Statutory defence
  • Business valuation
  • Business restructuring
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Insolvency

Manolete Partners Plc v Trevor Howarth

Applicant failed to prove payments were preferences or transactions at an undervalue. Respondent was owed £97,445 plus interest; payments were in lieu of salary, made in good faith and on advice of CVA supervisor, saving PAYE/NIC. No preference in fact or desire to prefer established; no undervalue proven. Respondent acted responsibly and with integrity.

  • Company voluntary arrangement (cva)
  • Transactions at an undervalue
  • Preferences
  • Directors' duties
  • Disclosure obligations
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Insolvency [2025] EWHC 2294 (Ch)

Manolete Partners PLC v Howarth (Re One Legal Services Ltd) (Rev1)

Manolete Partners PLC v Howarth (Re One Legal Services Ltd) (Rev1) [2025] EWHC 2294 (Ch) (10 September 2025)

The High Court dismissed an insolvency claim challenging loan repayments to a company director, finding they were salary substitutions made on advice and not preferences or undervalue transactions.

  • Transactions at an undervalue
  • Preferences
  • Directors' duties
  • Company voluntary arrangement (cva)
  • Disclosure obligations
  • Administration
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Insolvency law [2025] EWHC 1790 (Ch)

Armstrong & Anor v Harrow

Armstrong & Anor v Harrow [2025] EWHC 1790 (Ch) (18 July 2025)

The High Court held that Mrs Harrow had no equity of exoneration for loans to Callian, but did for one Merchant Money loan to Watercare. The deed of trust was set aside as an undervalue.

  • Equity of exoneration
  • Transactions at an undervalue
  • Preferences
  • Bankruptcy
  • Joint ownership
  • Beneficial interests
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Insolvency

Manolete Partners PLC v Norman Freed & Ors

Payments by JRGL to KPL and AGL were made in breach of directors' duties, constituted transactions at an undervalue and preferences under the Insolvency Act 1986, and were received with knowledge by connected parties. Recovery is not limited to the shortfall in the administration; full repayment is ordered.

  • Directors' duties
  • Transactions at an undervalue
  • Preferences
  • Knowing receipt
  • Assignment of claims
  • Remedy limitation
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Insolvency [2025] EWHC 526 (Ch)

Cohen & Ors v Co-operative Group Ltd & Ors

Cohen & Ors v Co-operative Group Ltd & Ors [2025] EWHC 526 (Ch) (04 March 2025)

The High Court refused permission for further expert evidence in an insolvency challenge, holding that business valuation and restructuring evidence was not needed on the pleaded case.

  • Transaction at an undervalue
  • Preferences
  • Expert evidence
  • Section 238 insolvency act 1986
  • Section 239 insolvency act 1986
  • Pleading requirements
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Insolvency [2025] EWHC 681 (Ch)

Sayers & Anor v Dixon & Anor

Sayers & Anor v Dixon & Anor [2025] EWHC 681 (Ch) (20 January 2025)

The High Court refused to increase Mrs Dixon’s legal-funding and living-expense allowances from disputed assets, and declined to discharge the injunction.

  • Asset freezing injunction
  • Transaction at undervalue
  • Void disposition
  • Sham trusts
  • Preferences
  • Defrauding creditors
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Insolvency

Kieran Michael Bourne & Anor v Manuk Manukyan & Anor

Mr Manukyan failed to adequately explain or justify the challenged payments and dividend, which were made when the company was insolvent and not for proper company purposes; Mrs Manukyan was repaid as a creditor at a relevant time and was preferred, with the statutory presumption not rebutted.

  • Misfeasance
  • Transactions at an undervalue
  • Preferences
  • Unlawful dividends
  • Director 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.