“…instance as to the proper formulation of the test: see the decisions of Hildyard J in the present case and in Heis v Financial Services Compensation Scheme Ltd [2018] EWHC 1372 (Ch), [2019] Bus LR 1, and my decision in Re Lehman Brothers International (Europe), Lomas v Burlington Loan Management Ltd [2015] EWHC 2270 (Ch), [2015] BPIR 1162 …”
“…scionability test; (b) the ‘unfairness test’, with its ultimately subjective standard, would (as I put it in [Heis v Financial Services Compensation Scheme Ltd [2018] EWHC 1372 (Ch), [2019]…”
“…the creditors and sole member of MF Global UK Limited (‘MFGUK’). In explaining the background I have gratefully drawn on the judge’s full and careful judgment: [2018] EWHC 1372 (Ch).…”