In a claim for recovery of an unfair preference, issues arose as to the adequacy of an insolvency report prepared by the liquidator who brought the claim and as to whether, in the context of the commercial events occurring at the time of the payment, the company was insolvent at the time of the payment or only became insolvent at a later point. Porter DJC provided a useful summary of the principles applicable to determining the timing of a company becoming insolvent.
Matthew Jones KC appeared for the Defendant, instructed by Mills Oakley Lawyers.
The judgment can be read by clicking here
