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England and Wales decisions
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The High Court held that Neil Macpherson was a de facto and shadow director, the company was insolvent, and most challenged payments were recoverable.
Fletcher & Anor v Desai [2026] EWHC 728 (Ch) (27 March 2026)
The High Court held that Mrs Desai could not use sections 339 or 423 of the Insolvency Act 1986 to revive charging orders against property vested in trustees in bankruptcy.
Importers Service Corporation & Anor v Aliotta & Ors [2026] EWHC 533 (Ch) (09 March 2026)
High Court trial under section 423 Insolvency Act 1986 concerning share transfers in a joint venture company and alleged asset shielding.
TAQA Bratani Ltd & Ors v Fujairah Oil and Gas UK LLC & Ors [2025] EWCA Civ 1669 (19 December 2025)
The Court of Appeal held that a dividend, not a wider sale arrangement, was the relevant transaction under s.238 IA 1986 and remitted remedy issues.
Riley v Aidiniantz & Anor [2025] EWHC 3222 (Ch) (11 December 2025)
The court refused strike out and summary judgment in a dispute over Rollerteam shares, holding that limitation, release and abuse arguments raised triable issues.
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.
Source excerpt
The Court of Appeal considered whether a trust of land could be evidenced by an agent’s signature and the effect of non-compliance with section 53(1)(b) LPA 1925.
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.
The High Court refused joint liquidators permission to amend insolvency pleadings to add a business-sale case, holding the amendment was new, late, and too disruptive.
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.
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