Individual Voluntary Arrangements
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Commentary
SOURCE CURRENCY Issue 66, November 2024 Issue 66 includes the following: The case of Hyde (as Joint Trustee in Bankruptcy of James Stunt) v Stunt [2024] EWHC 630 (Ch), a decision to determine whether a painting was owned by the bankrupt or his father is discussed at A4[36]. The case of Re Cartwright; Rendle (Trustee in Bankruptcy of Cartwright) v (1) Panelform Ltd (2) Panelcraft Access Panels (a Firm) (3) Cartwright (4) Cartwright and (5) Cartwight [2020] EWHC 2655 (Ch); [2021] BPIR 31, the debtor transferred the business and assets of a business to a company atA22[7]. The case of Invest Bank PSV v El-Husseini [2023] EWCA Civ 555; [2024] KB 49, the decision was made that a debtor could enter into a transaction with another person even if the debtor’s acts were as a director, thereby regarded as the acts of a company, and if the relevant assets are not owned by the debtor atA22[9]. In the case of Hashmi v Commissioners of Inland Revenue [2002] EWCA Civ 981; [2002] BPIR 974, it was decided that rather than prove the statutory purpose as the debtor’s sole or dominant purpose, it was only necessary to show that it was a substantial purpose.A22[12]. In Allen (As Trustee in Bankruptcy of Ann Stephanie Hurst) v (1) Hurst (2) Hurst (3) Boroshek (4) Hurst (5) Hurst [2022] EWHC 2204 (Ch), [2022] EWHC 2649 (Ch); [2023] BPIR 1, it was specifically noted the operation of s 423 is not intended to punish those who received assets as a result of the impugned transaction, and the relief granted should not punish or otherwise prejudice those involved in the transaction any more than was necessary and inevitable consequence of restoring the position and protecting victims. AtA22[18]. In Banca Carige Spa Cassa Di Risparmio Di Genova E Imperia v Banco Nacional De Cuba [2001] BPIR 407,it was specifically noted the operation of s 423 is not intended to punish those who received assets as a result of the impugned transaction, and the relief granted should not punish or otherwise prejudice those involved in the transaction any more than was necessary and inevitable consequence of restoring the position and protecting victims. AtA22[18].