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England and Wales decisions
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Transfers of shares by Aliotta Holdings to Mr Sleater and Mr Whitehead in 2024 were at an undervalue and intended to put assets beyond reach of claimants, engaging section 423 and requiring reversal; subsequent 2025 transfers were for sufficient consideration and not at undervalue, so section 423 did not apply.
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Henderson & Jones Ltd v Chambers & Anor (Re Priors Group Ltd) [2026] EWHC 1152 (Ch) (14 May 2026)
Summary judgment on alleged misapplication of company funds was refused. The court held the defendants had realistic prospects of defence and adjourned trial after late evidence was admitted.
The High Court refused to vary a bankruptcy order to preserve Mrs Desai’s charging orders, holding that section 339 and section 423 relief cannot breach pari passu distribution.
Nakhla Ventures Ltd & Anor v Heba Pilates Ltd & Anor [2026] EWHC 786 (Ch) (19 March 2026)
The High Court ordered Heba Pilates Ltd into compulsory liquidation, disallowed the voluntary liquidator’s costs, and made him personally liable for the petitioners’ costs.
Kaye & Ors v Vision Payroll Ltd & Ors [2025] EWHC 3034 (Ch) (21 November 2025)
The High Court found that SJ Pay’s directors breached fiduciary duties by diverting payroll business and payments to Vision Payroll, and awarded equitable compensation.
The High Court refused summary judgment and strike out in a dispute over Rollerteam shares, holding the claims were not time-barred or barred by prior settlement.
Credit Suisse Virtuoso Sicav-Sif & Anor v Softbank Group Corp & Ors [2025] EWHC 2631 (Ch) (15 October 2025)
High Court section 423 claim over the Greensill/Katerra financing structure and the $440 million Fairymead Notes, involving SoftBank entities and Greensill Limited.
Elite owed the Company £552,737 under a contract of loan, not limitation barred; dividends declared in 2012 and 2013 were transactions at undervalue under s.238 IA 1986, Elite liable for £1,200,000; Mr Stavrinides breached director duties in declaring 2013 dividend, liable for £250,000; May 2013 Agreement was a transaction at undervalue regarding contingent liabilities, Elite and Essex liable for £174,471.66 less any eventuated liabilities; Essex entitled to an account and payment of sums received by Company after 18 May 2013 in respect of assigned debts.
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John Jones made the £3m gifts to Adam Jones with the purpose of putting assets beyond the reach of Mr Hamilton and prejudicing his interests, satisfying s.423 Insolvency Act 1986. The trustees' claim succeeds as to the gifts but fails as to the miscellaneous payments, which were not shown to have the prohibited purpose.
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Sayers & Anor v Dixon & Anor [2025] EWHC 1886 (Ch) (30 July 2025)
The High Court held that a series of declarations of trust and a loan agreement made by a bankrupt were shams and transactions at an undervalue.
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