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The Supreme Court unanimously decided that the rule in Cherry v Boultbee (a person cannot share in a fund in relation to which he is also a debtor without first contributing to the whole by paying his debt) was excluded on the facts by the rule against double proof (a person cannot have more than one proof in respect of the same debt).
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"This is the ultimate statement of where the law on IVAs is to be found in our great common law...