Folgate London Market Ltd v Chaucer Insurance plc  EWCA Civ 328,  BPIR 1001, (Sedley, Rimer and Sullivan LJJ, 31 Mar 2011)
The Court of Appeal upheld the decision of Sir Edwards Evans-Lombe (sitting as a High Court judge) (Mayhew v King and Milbank Trucks Ltd  EWHC 1121 (Ch),  BPIR 1155) that a termination clause in a settlement agreement that a right to indemnity against a negligence claim would cease on the principal’s insolvency infringed the anti-deprivation principle.
To view the full text, please log in.
To receive a FREE 14 day online trial to Insolvency Law Online click here.
"This is the ultimate statement of where the law on IVAs is to be found in our great common law...