The Applicant’s case- overview
The Applicant’s case- overview
The Applicant maintains that, as at 25 April 2019, the Company was indebted to the Respondent in the sum of £89,159.68 in respect of his director’s loan account.
The Applicant alleges that the Payments (totalling £101,000) comprised (i) preferential payments of £89,159.68 contrary to section 239 IA 1986 and (ii) transactions at an undervalue of £11,840.32 contrary to section 238 IA 1986.
The Applicant seeks repayment of those sums under section 238 and 239 IA 1986 and attendant relief.
- Heading
- The Applicant’s case- overview
- The Respondent’s case - overview
- Background
- Legal Principles: Effect of approval of a CVA
- Section 238 : Transactions at an undervalue
- Section 239 : Preferences
- Witness Evidence: Approach
- The Evidence
- Mr Kienlen
- The Respondent
- Mr Botting
- Discussion and conclusions
- The s238 claim
- The s.239 claim
- Conclusions
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