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  • Court of Appeal unanimously upholds appeal from GBP115 million preference judgment arising from the Comet insolvency

Court of Appeal unanimously upholds appeal from GBP115 million preference judgment arising from the Comet insolvency

Deborah Brown of DLA Piper recaps a landmark preference decision of the Court of Appeal which offers clarification on what constitutes an “operative” decision for the purposes of section 239 of the Act, but may validate and even “rubber stamp” the actions of parties who carefully choregraph transactions to avoid future preference claims.