A Practical Guide to Transaction Avoidance Claims in Insolvency
Preferences, transactions at an undervalue, transactions defrauding creditors - what are the different provisions, when can they be used and what practical considerations arise?
This course will introduce the essential provisions, guide you through the practicalities of bringing or defending a transaction avoidance claim and bring you up to date with the latest case law and insights.
What You Will Learn
This course will cover the following:
- Relevant provisions of the Insolvency Act 1986 broken down into easy steps
- Identifying who can bring a claim and when a transaction is caught
- Understanding the terminology and definitions
- Determining what a ‘preference’ is
- Considering what a ‘transaction’ is and how to determine ‘undervalue’
- The meaning of ‘consideration’
- Demonstrating the Statutory purpose
- Defences including limitation
- What orders the Court can make
- Comparison of the different remedies
- Practicalities & Pitfalls
- Recent case law developments
Please let us know if you wish to be notified.
Please let us know if you wish to be notified when new dates are added for this programme