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10@12 Webinar : Desire, Intention, Conflict, Protection: Preferences after Comet

Mrs Justice Falk’s decision in Carton-Kelly v Darty Holdings is probably the most significant decision on section 239 of the Insolvency Act 1986 for decades, not least in terms of value.

In this 10@12 webinar, Raquel Agnello KC and Samuel Parsons will consider exactly how significant the decision is, from the perspective of both transactional advisers and insolvency officeholders.

10 points that will be covered

  1. The ‘need to know’ background to the decision.
  2. How did the parties put their arguments? How else could they have been advanced?
  3. When will the presumption of intention to prefer be triggered? What does it mean for your client if it is?
  4. What is the relevance of common directorships in the imputation of corporate knowledge?
  5. When will conflicts of interest arise in the transactional context?
  6. How can conflicts of interest be overcome?
  7. What role should experts play in preference claims? What can be learnt from Comet about how to instruct them?
  8. What can be done to protect clients from preference challenges?
  9. What can officeholders do to maximise the prospects of recovery?
  10. Will Comet herald a resurgence in preference claims, or will director duty claims continue to predominate?

Raquel Agnello KC
Samuel Parsons