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United Kingdom transactions at undervalueancillary relief

Haines v Hill

[2007] EWCA Civ 1284; [2008] Ch 412
JurisdictionUnited Kingdom
CourtCourt of Appeal (Civil Division)
Year2008
StatusBinding authority

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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