Re Kaupthing Singer and Friedlander Ltd  UKSC 48,  BPIR forthcoming, (Lords, Hope DP, Walker, Lady Hale, Lords, Clarke, Collins, 19 Oct 2011)
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).
To view the full text, please log in.
To receive a FREE 14 day online trial to Insolvency Law Online click here.
"BPIR is an excellent series, of interest to both corporate and personal insolvency lawyers,...