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preferencesconnected persons
Re Oxford Pharmaceuticals Limited
[2009] EWHC 1753 (Ch)
Key Principle
Where a preference is given to a person connected with the company, section 239(6) of the Insolvency Act 1986 raises a rebuttable presumption that the company was influenced by the requisite subjective desire to prefer, and the onus lies on the connected respondents to displace that presumption, the desire being a subjective matter that may be inferred from the circumstances.
Area of Law
General
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