000 01679cab a2200217 4500
001 ##L134014
008 060703n2005 000 0 eng u
035 _a(Sirsi) u134014
041 0 _aeng
245 0 0 _aKevin Andrew Feakins and another v Department for Environment, Food and Rural Affairs
260 _c2005
520 _a[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).
650 2 4 _aFEAKINS V DEFRA
650 2 4 _aANIMAL HEALTH ACT 1981 PART II
650 2 4 _aANIMAL HEALTH ACT 1981 S 34(4)
650 2 4 _aINSOLVENCY ACT 1986 S423
651 4 _aEngland and Wales
_y1543-
690 _aPROPERTY-RURAL AND NATURAL ASSETS-AGRICULTURAL PROPERTY
856 4 0 _uhttps://www.bailii.org/ew/cases/EWCA/Civ/2005/1513.html
_zView the judgment free of charge at www.bailii.org
942 _n0
999 _c77322
_d77322