10@12 Webinar : Desire, Intention, Conflict, Protection: Preferences after Comet
12th May 2023
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.
10 points that will be covered
- The ‘need to know’ background to the decision.
- How did the parties put their arguments? How else could they have been advanced?
- When will the presumption of intention to prefer be triggered? What does it mean for your client if it is?
- What is the relevance of common directorships in the imputation of corporate knowledge?
- When will conflicts of interest arise in the transactional context?
- How can conflicts of interest be overcome?
- What role should experts play in preference claims? What can be learnt from Comet about how to instruct them?
- What can be done to protect clients from preference challenges?
- What can officeholders do to maximise the prospects of recovery?
- Will Comet herald a resurgence in preference claims, or will director duty claims continue to predominate?