Deansgate 123 LLP v Workman and another

Practice – Striking out. In proceedings where the claimants had sought relief, pursuant to s 423 of the Insolvency Act 1986, on the footing that the transfer of property from the first defendant to the second defendant had been entered into for the purpose of putting assets beyond the reach of those with claims against the first defendant, the claimants could not be criticised for making their s 423 applications after the determination of the issue relating to the validity of the transfer of property. Accordingly, the Business and Property Court dismissed the defendants' applications to strike out the s 423 applications as an abuse of process.

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