United Kingdom Leading Case anti deprivation rulecontracting outflip clauseswaterfall

Belmont Park Investments Pty Ltd v BNY Corporate Trustee Services Ltd

[2011] UKSC 38

JurisdictionUnited Kingdom

CourtUK Supreme Court

Year2011

StatusBinding authority

Key Principle

The anti-deprivation principle prevents a contract from providing that property leaves the estate of a bankrupt automatically on insolvency; but commercially sensible arrangements that do not have the predominant purpose of depriving creditors are valid.

Area of Law

insolvency

Related Cases

Re Virgin Active Holdings Ltd [2021] EWHC 1246 (Ch)

The Joint Administrators of LB Holdings Intermediate 2 Limited v The Joint Administrators of Lehman Brothers International (Europe) and others (Waterfall I) [2017] UKSC 38

Fairfield Sentry Ltd v Migani [2014] UKPC 9

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