Supreme Court Ruling in Kaupthing Singer & Friedlander (in administration) and in the matter of the Insolvency Act 1986

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2011-10-18 23

"Much business restructuring was necessary following the numerous bank failures and the restructuring community has been waiting several years for today’s legal clarification delivered by the Supreme Court in Kaupthing Singer & Friedlander (in administration) and in the matter of the Insolvency Act 1986 (see judgment).

The case looks directly at whether the rule established in Cherry v Boultbee back in 1839 is compatible with the Insolvency Act (1986) and whether that could be applied to a case being pursued by HSBC against Kaupthing Singer & Friedlander (KSF), which is in administration.
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Complicated stuff, but it seems the Court of Appeal overturned an earlier decision in favour of that KSFUK. Not sure I understand it, or what it might mean, if anything, for us.