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Insolvency Law

Expert guidance on all aspects of corporate and personal insolvency

30 JUN 2011

Folgate London Market Ltd v Chaucer Insurance Plc [2011] EWCA Civ 328; [2011] BPIR Issue 4

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 [2010] EWHC 1121 (Ch); [2010] 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.


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