Disclosure Applications In Preference Claim

The Liquidator claimed against the Respondent to recover a payment of £115 million as an alleged preference under s.239 IA 1986. The Respondent was connected with the company for the purposes of s.239, so there is therefore a rebuttable presumption of a desire to prefer.

Extended Model D Disclosure was ordered on the "desire to prefer" issue. However the Liquidator later applied for the more extensive Model E disclosure, and in particular sought information relating to the deletion of potentially relevant documents and data.

Separately, the Respondent applied for Model C Extended disclosure on the issue of the Liquidator's concerns and conclusions arising from his investigations. The Respondent also sought to widen the scope of disclosure on the company's revolving credit facility and its impact on solvency. All applications were refused.