7 April 2022
R&I Update - April 2022 – 1 of 6 Insights
In Re City Build (London) Ltd (in liquidation) [2022] EWHC 364 (Ch), the Court confirmed that the burden of proof in directors' duties cases, and in cases alleging a transaction at an undervalue, lies with the applicant.
A litigation funder, as the assignee of the claims by the liquidator, brought proceedings against:
The applicant failed to prove that:
In cases such as this, directors do not bear the burden of proof. Applicants must provide sufficient evidence to prove their case.
To discuss the issues raised in this article in more detail, please contact a member of our Restructuring & Insolvency team.
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