Legal News

When and how can trustees set aside ancillary relief orders?

Published on: 04 April 2016
Published by: LexisPSL
  • When and how can trustees set aside ancillary relief orders?
  • 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). or take a trial to read the full analysis.

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