Gertner v CFL Finance Ltd and another

Insolvency – Voluntary arrangement. A settlement agreement between the appellant and a third party bank had provided the bank with a collateral advantage not available to other creditors which had placed it in a position of conflict with the interests of the other creditors, breaching the good faith principle, which had disqualified it from voting on an individual voluntary arrangement proposal to the potential detriment of the first respondent and the remaining creditors. Accordingly, the Court of Appeal, Civil Division, dismissed the appellant's appeal against the judge's decision.

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