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Insolvency Law

Expert guidance on all aspects of corporate and personal insolvency

31 OCT 2011

Re Kaupthing Singer and Friedlander Ltd [2011] UKSC 48, [2011] 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).


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