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transaction defrauding creditorssection 423directors authority
HHJ David Cooke in Dickinson v NAL Realisations
Dickinson v NAL Realisations (Staffordshire) Ltd [2017] EWHC 28 (Ch)
Key Principle
A 2005 transfer of property and a 2010 share buy-back by the company were invalid where carried out without proper authority and for no real consideration, and the share buy-back was a transaction defrauding creditors under section 423 of the Insolvency Act 1986 because the controlling director's purpose was to reduce the company's assets and prejudice claimant creditors.
Area of Law
General
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