“…the impugned decision is influenced by the desire to prefer. That decision may have been made earlier than the actual giving of the preference: Re MC Bacon Ltd [1990] BCC 78, 88. As mentioned, the repayment of the KIL RCF took place on 3 February 2012 following a meeting of the Comet board. It is now accepted that none of those who…”
“…rd [1994] BCC 688 also concerned section 423 of the 1986 Act but Sir Christopher Slade placed express reliance on the judgment of Millett J in Re M C Bacon Ltd [1990] BCC 78, even though that was a decision on section 238(4)(b). He points out that the lower judge in Woodward had sought to distinguish Millett J’s judgment on the gro…”