Taming the unruly horse: contractual invalidity and the anti-deprivation rule

Sidle, Paul
January 2010
Law & Financial Markets Review;Jan2010, Vol. 4 Issue 1, p41
Academic Journal
The common lawanti-deprivation rule is one whose precise scope has proved difficult for insolvency lawyers and judges to pin down. In a recent decision, the Court of Appeal has attempted to clarify the nature of the rule and offers helpful guidance as to its ongoing relevance. However, is it sufficiently clear from the decision when the rule will apply in future? Does the rule still have a role to play alongside modern insolvency legislation? This article examines the decision and its possible implications and highlights the Court of Appeal's concern to promote clarity, certainty and the fundamental principle of freedom of contract.


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