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Kevin Andrew Feakins and another v Department for Environment, Food and Rural Affairs

Language: English Publication details: 2005Subject(s): Online resources: Summary: [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).
Holdings
Item type Current library Call number Copy number Status Barcode
Law report Virtual Online ONLINE PUBLICATION (Browse shelf(Opens below)) 1 Available 134014-2001

[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).