Carton-Kelly v Darty Holdings SAS

At first instance the court held that a debtor company gives a voidable preference under section 239 of the Insolvency Act 1986 only where, in deciding to make the impugned payment, it was influenced by a subjective desire to improve the recipient creditor's position in the event of insolvency, applying that test to the largest preference claim by value and ordering Darty to repay the intra-group debt — a conclusion since reversed on appeal.