Challenging Transactions Defrauding Creditors - A Bite-Sized Guide to Section 423

Introduction

When assets are transferred beyond the reach of creditors, Section 423 of the Insolvency Act 1986 often becomes the claim of choice. Despite its frequent use in insolvency and commercial litigation, the provision remains one of the most misunderstood areas of the insolvency regime.

From transfers to connected parties and transactions at an undervalue to more complex restructuring arrangements, s423 claims continue to generate significant litigation. Recent judicial decisions have provided important guidance on key issues, including the evidential burden, the interpretation of ‘purpose’ and the breadth of the court's remedial powers.

This short webinar examines the essential components of a successful s423 claim. It will explore how to identify potentially vulnerable transactions, build an effective evidential case and avoid common procedural and strategic pitfalls. The webinar will also consider defensive arguments, limitation issues and the relationship between s423 claims and directors' duties.

You will gain a clearer understanding of how courts approach allegations of transactions defrauding creditors and how to address the evidential challenges that frequently arise in contested proceedings.

Register today for a focused and practical review of the latest developments in s423 litigation and the lessons practitioners can apply immediately to both pursuing and defending claims.

What You Will Learn

The webinar will cover the following:

• Understand the statutory framework and purpose of Section 423 of the Insolvency Act 1986
• Identify the essential elements of a successful transaction defrauding creditors claim
• Analyse how courts assess ‘purpose’ and intention in practice
• Examine the key evidential challenges in s423 litigation
• Understand who can bring a claim and the scope of potential defendants and remedies
• Consider the interaction between s423 claims and other insolvency remedies, including transactions at an undervalue, and preferences
• Apply practical considerations when advising creditors, insolvency office holders and defendants
• Review recent case law developments and emerging trends in litigation

This pre-recorded webinar will be available to view from Wednesday 11th November 2026

Alternatively, you can gain access to this webinar and 2,400+ others via the MBL Webinar Subscription. Please email webinarsubscription@mblseminars.com for more details.