Green v Ireland [2011] EWHC 1305 (Ch) (20 May 2011)

This is a case in which as Liquidator, I applied to the Court for relief that the granting of a charge at a relevant time in favour of the Respondent was a Preference under Section 239 of the Insolvency Act 1986. I succeeded in obtaining a declaration that a preference had arisen and compensatory relief accordingly was awarded. The case was interesting in being consistent with the rationale in Re MC Bacon Ltd [1990] BCC 78, it was held that a preference occurred at the point in time when it was decided that the charge was to be granted, not when the charge necessarily was granted in favour of the Respondent. The Respondent’s case in part relied upon an email exchange relating to the charge which did not incorporate all the terms and conditions agreed by the parties and therefore the same could not be relied upon for the purposes of Section 2 Law Property (Miscellaneous Provisions) Act 1989 as a disposition of an interest in land. This was important because it was therefore held that no enforceable contract had arisen from the email exchange for the granting of the charge. The full judgment can be reviewed at http://www.bailii.org/ew/cases/EWHC/Ch/2011/1305.html

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