Hide and Seek: Clarifying the Reach of Debt‑Avoidance Provisions for Transactions Defrauding Creditors - Invest Bank PSC v El‑Husseiny [2025] 2 WLR 320
Lim Fang-Zhou, Noah
Published on e-First 18 September 2025
Abstract:
In Invest Bank PSC v El-Husseiny [2025] 2 WLR 320, the UK Supreme Court clarified the scope of “transactions” under s 423 of the UK Insolvency Act 1986 (c 45), holding that it extends to cover situations where the debtor procures a company owned by the debtor to transfer an asset at an undervalue. This case note considers the possible implications of the decision on the interpretation of equivalent provisions under Singapore’s insolvency legislation, and highlights how the decision may influence Singaporean courts to adopt a similar expansive approach, thereby enhancing creditor protection in insolvency cases.