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The UK Supreme Court has dismissed an application for permission to appeal a decision refusing to set aside an assignment of certain claims which had been entered into between the liquidator of Edengate Homes (Butley Hall) Ltd and Manolete Partners plc, giving insolvency practitioners some comfort that the court will be reluctant to interfere with the discretion exercised by office holders in making commercial decisions, including the assignment of claims.
Max Odenthal of Gordian Special Assets explores how the due diligence processes of enforcement funders differ from those of "traditional" funders focusing on pre-judgment cases and explains how each can benefit from each other’s expertise at the due diligence phase, potentially as a precursor for collaboration throughout the lifecycle of an investment.

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