The 'Rule' in Cherry v. Boultbee and the Problem of 'Double Proof' in Insolvency
Law Quarterly Review, 128 202-204, 2012
Posted: 9 Jun 2015
Date Written: 2012
Discusses the Supreme Court decision in Mills v HSBC Trustee (CI) Ltd, also known as Re Kaupthing Singer & Friedlander Ltd (In Administration) on whether the rule against double proof prevented the operation of the rule in Cherry v Boultbee, which was simply a form of equitable set-off, in determining the claims of a bank and its subsidiary against each other after they entered administration.
JEL Classification: K00
Suggested Citation: Suggested Citation