R&I update - January 2021 – 1 / 4 观点
In Cage Consultants Limited v Iqbal & Iqbal  EWHC 2917 (Ch), the liquidators of Totalbrand Limited (the company) assigned certain claims – including for transactions at an undervalue and preferences – to litigation funders Cage Consultants Limited (CCL) under s.246ZD Insolvency Act 1986. The company was subsequently dissolved.
A former director of the company and another individual alleged to have benefitted from the transactions tried to strike out the claims. They did this on the basis that:
The Court refused to strike out the claims, because:
This case provides welcome clarity and reassurance to purchasers of insolvency office holders' claims. To discuss claims like this in more detail, please reach out to a member of our Restructuring & Insolvency team.
作者 Nick Moser