Kevin Andrew Feakins and another v Department for Environment, Food and Rural Affairs
Kevin Andrew Feakins and another v Department for Environment, Food and Rural Affairs
- 2005
[2005] EWCA Civ 1513, 9 December 2005. Considers whether an arrangement relating to the sale of a farm constituted a transaction at an undervalue for the purposes of the Insolvency Act 1986 s423. Appeal by F against a decision ([2004] EWHC 2735 (Ch)) that that an arrangement entered into by F relating to a farm sale constituted a transaction at an undervalue for the purposes of s423 of the Act. Also appeal by F and cross-appeal by D against the judge's findings in respect of D's trespass when conducting cleaning-up operations after an outbreak of foot and moth disease on F's property. "Held": appeal dismissed in part. The arrangement did constitute a transaction at undervalue for the purposes of s423 of the Act. As for the legality of the cleaning-up operation, the only authority conferred by statute to interfere permanently with private property rights was the power to bury carcasses in the Animal Health Act 1981 s34(4).
FEAKINS V DEFRA
ANIMAL HEALTH ACT 1981 PART II
ANIMAL HEALTH ACT 1981 S 34(4)
INSOLVENCY ACT 1986 S423
England and Wales--1543-
[2005] EWCA Civ 1513, 9 December 2005. Considers whether an arrangement relating to the sale of a farm constituted a transaction at an undervalue for the purposes of the Insolvency Act 1986 s423. Appeal by F against a decision ([2004] EWHC 2735 (Ch)) that that an arrangement entered into by F relating to a farm sale constituted a transaction at an undervalue for the purposes of s423 of the Act. Also appeal by F and cross-appeal by D against the judge's findings in respect of D's trespass when conducting cleaning-up operations after an outbreak of foot and moth disease on F's property. "Held": appeal dismissed in part. The arrangement did constitute a transaction at undervalue for the purposes of s423 of the Act. As for the legality of the cleaning-up operation, the only authority conferred by statute to interfere permanently with private property rights was the power to bury carcasses in the Animal Health Act 1981 s34(4).
FEAKINS V DEFRA
ANIMAL HEALTH ACT 1981 PART II
ANIMAL HEALTH ACT 1981 S 34(4)
INSOLVENCY ACT 1986 S423
England and Wales--1543-