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United Kingdom Leading Case liquidation voluntary and compulsorychange of position

Fairfield Sentry Ltd v Migani

[2014] UKPC 9
JurisdictionUnited Kingdom
CourtPrivy Council
Year2014
StatusPersuasive authority

Summary

In a BVI fund liquidation, investor claims must be valued on actual NAV not fictitious recorded NAV, precluding redemption payments made on inflated NAV as a defence.

Key Principle

The Privy Council held that the valuation of claims in a BVI liquidation should be based on the actual value of the investor's interest, not the fictitious NAV stated in the fund's records.

Area of Law

insolvency

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