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The High Court has dismissed a claim brought by a liquidator to recover payments made by an insolvent company. The liquidators claimed that payments to corporate property developers had been made fraudulently. Elliot Green, licensed insolvency practitioner of Oury Clark, London and Slough, considers some of the potential practical implications from this judgment and considers the wider implications for these types of cases.
Instant Access Properties Ltd (in liquidation) v Rosser and others; Murphy and another (as joint Liquidators of Instant Access Properties Ltd) v Rosser and others  EWHC 756 (Ch),  All ER (D) 48 (Apr)
Although the application, pleadings and evidence have not been available for review, there seem to be a number of implications for practitioners which may fall out of the decision in this case:
Instant Access Properties Ltd brought a claim against various defendants, alleging that they had perpetrated a fraud through commission-sharing arrangements with other companies. The company claimed that Mr Rosser, who had interests in the other companies, was a de facto or shadow director of the company because of his involvement in such activities
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Anna joined the Restructuring and Insolvency team at Lexis®PSL in August 2013 from Berwin Leighton Paisner where she was a senior associate in the Restructuring Team.
Anna has worked on a number of large scale restructurings primarily in the UK market acting on behalf of lending institutions.
Recent transactions include the restructuring of a UK hotel chain and the administration sale of part of the Connaught group. Anna has also spent time on secondment at The Royal Bank of Scotland and trained at Clifford Chance qualifying in 2007.
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