When and how can trustees set aside ancillary relief orders?

Table of contents

• Original news
• What was the background to the application?
• What were the legal issues the judge had to decide?
• What were the main legal arguments put forward?
• What did the judge decide, and why?
• To what extent is the judgment helpful in clarifying the law in this area?
• What practical lessons can those advising take away from this case?

Article summary

Restructuring & Insolvency analysis: Is there any way for trustees in bankruptcy (trustees) to circumvent the Court of Appeal’s decision in Hill v Haines? John de Waal QC, barrister at Hardwicke Chambers, and Mark Sands, partner at RSM, review the judgment in Sands v Singh, in which the High Court was asked, among other things, to set aside an ancillary relief (AR) settlement entered into prior to bankruptcy as a transaction at an undervalue (TAU).