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United Kingdom preferencesconnected persons

Re Oxford Pharmaceuticals Limited

[2009] EWHC 1753 (Ch)
JurisdictionUnited Kingdom
CourtHigh Court of Justice, Chancery Division
Year2009
StatusPersuasive authority

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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