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Insolvency Law

Expert guidance on all aspects of corporate and personal insolvency

01 NOV 2011

Kapoor v (1) National Westminster Bank plc (2) Tan [2011] EWCA Civ 1083, [2011] BPIR forthcoming, (Pill, Etherton LJJ and Sir Mark Potter, 5 Oct 2011)

A company which was a connected creditor of K assigned part of its debt to an individual, C, as a mechanism designed to ensure that an Individual Voluntary Arrangement was accepted by K’s creditors. Another creditor of K, a bank, applied to revoke the approval of the IVA on the grounds that there was a material irregularity at or in relation to such meeting and or that the decision of the chairman to treat the claim of the individual as a claim not associated with K be set aside. His Honour Judge Hodge QC, sitting as a High Court judge, granted the application ([2011] EWHC 255 (Ch), [2011] BPIR 842).


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