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When informal workouts don’t work out: English High Court rules bank that lent support to restructuring did not dishonestly assist in putting assets beyond creditors’ reach

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Insolvency Insider
October 21, 2023

Gareth Thomas, Jojo Fan, Peter Ng and Grace Lee of Herbert Smith Freehills summarise a novel scenario where the High Court rejected an allegation of dishonest assistance against a bank and clarified that the “dishonesty element” requires both a subjective and an objective analysis of the impugned conduct.