header-logo header-logo

28 October 2011
Issue: 7487 / Categories: Case law , Law reports , In Court
printer mail-detail

Company—Winding up—Proof & ranking of claims

Re Kaupthing Singer and Friedlander Ltd (in administration) [2011] UKSC 48, [2011] All ER (D) 158 (Oct)

Supreme Court, Lord Hope DP, Lord Walker, Lady Hale, Lord Clarke and Lord Collins SCJJ, 19 Oct 2011

The equitable rule in Cherry v Boultbee may fill the gap left by disapplication of set-off, but it does not work in opposition to it. It produced a similar netting-off effect except where some cogent principle of law requires one claim to be given strict priority to another. The rule against double proof is one such principle: it would be wrong to treat the rule against double proof as trumping set-off but not trumping the rule in Cherry.

Gabriel Moss QC and Richard Fisher (instructed by Allen & Overy LLP) for the trustee. Robin Dicker QC and Tom Smith (instructed by Freshfields Bruckhaus Deringer LLP) for KSF.

The first respondent bank (KSF) went into administration in October 2008. The second respondent company (Funding) was a wholly-owned subsidiary of KSF and went into administration

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

EIP—Stuart Malcolm

EIP—Stuart Malcolm

EIP strengthens Commercial practice with a new partner

Ellisons—Francesca Brown

Ellisons—Francesca Brown

Ellisons welcomes Francesca Brown to Family team

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau strengthens Sheffield regulatory practice with new hires

NEWS
A wide-ranging Civil Way column highlights developments from insolvency procedure to employment law, but one case stands out for its lessons on bankruptcy, family homes and digital communications
A sprawling Intellectual Property Office battle between House of Fraser and Frasers Property has delivered a masterclass in modern trade mark law
Courts in England and Wales and Singapore are increasingly confronting complex disputes over international child relocation as families become more globally mobile
The government’s long-awaited family law reform consultation could mark a turning point for domestic abuse victims navigating financial remedy proceedings, but significant challenges remain
A new commercial court pilot giving the public access to documents used in hearings, including expert reports, is raising difficult questions about transparency and privacy
back-to-top-scroll