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England and Wales Case Law

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Insolvency

Re Fulmar Contracting Ltd (in liquidation)

Liquidators’ claims against two doctors failed: no proven employment contracts and no transaction at an undervalue where the payments had already been accounted for to HMRC.

  • Transaction at an undervalue
  • Compulsory liquidation
  • Umbrella company
  • Employment contract formation
  • Paye and nics
  • Self-assessment tax returns
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Insolvency [2026] EWHC 1046 (Ch)

Manolete Partners PLC v Smith (Re A&D Joinery Ltd)

Manolete Partners PLC v Smith (Re A&D Joinery Ltd) [2026] EWHC 1046 (Ch) (07 May 2026)

The High Court held that payments made by A & D Joinery Ltd to fund a share purchase were transactions at an undervalue and that the director breached duties.

  • Transaction at an undervalue
  • Breach of fiduciary duty
  • Section 238 insolvency act 1986
  • Section 171-175 companies act 2006
  • Balance sheet insolvency
  • Cashflow insolvency
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Insolvency [2026] EWHC 314 (Ch)

Garden House Software Ltd v Marsh & Ors

Garden House Software Ltd v Marsh & Ors [2026] EWHC 314 (Ch) (18 February 2026)

The High Court dismissed a reverse summary judgment and strike-out application in a dispute over alleged undervalue and creditor-defrauding transactions involving software assets.

  • Transaction at an undervalue
  • Transaction defrauding creditors
  • Directors' duties
  • Summary judgment
  • Strike out
  • Abuse of process
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Insolvency

Garden House Software Limited v Timothy Marsh & Ors

The High Court dismissed a reverse summary judgment and strike-out application in an insolvency dispute over a software asset transfer and later charge.

  • Transaction at an undervalue
  • Transaction defrauding creditors
  • Directors' duties
  • Summary judgment
  • Strike out
  • Abuse of process
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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 [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 [2023] EWHC 493 (Ch)

Grant & Anor v Hussain & Anor

Grant & Anor v Hussain & Anor [2023] EWHC 493 (Ch) (10 March 2023)

The High Court refused trustees’ s.339 Insolvency Act claim, accepting that a severance agreement gave valuable consideration for a 48% beneficial interest release.

  • Transaction at an undervalue
  • Beneficial interest
  • Severance of joint tenancy
  • Order for sale
  • Insolvency act 1986 s.339
  • Transaction-at-an-undervalue
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Company law

Burnden Holdings (UK) Ltd v Fielding & Anor

High Court judgment on an alleged unlawful distribution, fiduciary breach, and transaction defrauding creditors arising from the Burnden group demerger.

  • Unlawful distribution
  • Directors' duties
  • Transaction at an undervalue
  • Fiduciary duty
  • Ratification
  • Relief from liability
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Insolvency [2018] EWHC 743 (Ch)

Avery-Gee v Thompson & Ors

Avery-Gee v Thompson & Ors [2018] EWHC 743 (Ch) (9 January 2018)

A High Court insolvency judgment held an asset sale was a transaction at an undervalue and ordered repayment of sums diverted from the company.

  • Transaction at an undervalue
  • Section 238 insolvency act 1986
  • Good faith and value in insolvency
  • Restoration of company assets
  • Directors' duties
  • Relief under section 241 insolvency act 1986
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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.