10@12 Webinar: Clawback claims in corporate insolvency: an update
15th May 2026 1200
In this webinar, Ben Griffiths KC and Dan Butler will be looking at recent updates in the law relating to clawback claims in corporate insolvency and related aspects of directors’ duties. They will consider how recent authorities, including the appellate court decisions in TAQA Bratani v Fujairah and El‑Husseiny v Invest Bank PSC, have impacted claims under ss238, 239 and 423 of the Insolvency Act 1986 and the key takeaways and practical implications for practitioners.
10 points to be covered:
- The statutory framework: ss 238, 239 and 423 IA 1986
- What counts as a “transaction at an undervalue” under s238? – TAQA Bratani v Fujairah
- Preferences under s239: desire to prefer and evidential pitfalls
- The relationship between s238 and s239 in practice
- The expanding reach of s423 – El‑Husseiny v Invest Bank PSC
- Ascertaining “purpose” under s423
- Remedies and relief for vulnerable transactions
- The role of directors’ duties in avoidance claims
- Limitation – THG plc v Zedra
- Practical takeaways and future direction
