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transactions at undervalueancillary relief
Haines v Hill
[2007] EWCA Civ 1284; [2008] Ch 412
Key Principle
A property adjustment or other order made on a compromise of an ancillary relief claim provides consideration in money or money's worth (the value of the claim given up) for the purposes of section 339 of the Insolvency Act 1986, and so an ancillary relief transfer is not generally a transaction at an undervalue capable of being set aside by a trustee in bankruptcy absent a vitiating factor such as fraud, mistake, misrepresentation or collusion.
Area of Law
General
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