“… are only those debts and liabilities which are incurred whilst there is a contravention of section 216 IA 1986: ESS Production Limited v Sully [2005] BCC 435, [2005] EWCA Civ 554 per Arden LJ at [75]. Hence the need to determine whether the “relevant” debt or liability was incurred in September 2017 when the September Agreement was made…”
“…between honest and unscrupulous traders; and the sections do not attempt to do so: Thorne v Silverleaf [1994] B.C.C. 109; ESS Production Ltd (in admin.)v Sully [2005] EWCA Civ 554; [2005] B.C.C. 435. However, neither section should be construed to include transactions which are not within those sections on their fair interpretation. More…”