The idea of fraudulent activity under the Act was confined to actual dishonesty of the defendant in line with Derry v Peek. It should not be extended to include acts which were only fraudulent under wider notions of equitable fraud. In this case assumed undue influence could not be sufficient to come within the section.
Citations:
Times 25-Jun-2001, Gazette 12-Jul-2001
Statutes:
Jurisdiction:
England and Wales
Insolvency
Updated: 04 June 2022; Ref: scu.83373