4 Eng Ltd v Harper and others (No 2) – WLR Daily

Posted October 28th, 2009 in fraud, insolvency, law reports by sally

4 Eng Ltd v Harper and others (No 2) [2009] EWHC 2633 (Ch); [2009] WLR (D) 307

“Where it was established that the transferor had entered into a transaction at an undervalue for the purpose of defrauding creditors, the nature of any order and the extent of the relief granted by the court under ss 423(2) and 425 of the Insolvency Act 1986 should take into account the mental state of the transferee of property under a relevant transaction, or of any other person against whom an order was sought, and the degree of their involvement in the fraudulent scheme of the debtor/transferor to put assets out of the reach of his creditors.”

WLR Daily, 26th October 2009

Source: www.lawreports.co.uk

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