CR-2012-007914 Geoffrey Carton-Kelly (Formerly Comet Group Limited) (In Liquidation) v Darty Holdings SAS

November 18, 2022

Falk J has found for the conflict liquidator of collapsed retailer Comet and awarded a £100m plus judgment (including interest) against its former parent company, Darty, in respect of a preference paid to a subsidiary of the group in the lead up to Comet’s administration. It is thought to be the largest preference claim ever awarded by value and is likely to be the leading decision on the operation of desire to prefer and the remedial discretion under s.239 in the context of complex multi-party corporate transactions. Tiran Nersessian acted for the successful conflict liquidator.

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