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Lenders rejoice as the rule against double proof prohibits operation of the rule in Cherry v Boultbee (Supreme Court)

by PLC Restructuring and Insolvency and PLC Finance
In Re Kaupthing Singer and Friedlander [2011] UKSC 48, the Supreme Court considered the combined effect of the rule against double proof and the rule in Cherry v Boultbee (1839) 4 My & Cr 442, and whether the Court of Appeal decision in Re SSSL Realisations (2002) Ltd [2006] EWCA Civ 7 was correct. The court's decision will reduce a lender's need to rely on non-competition clauses in guarantees.

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Published on 26-Oct-2011
Resource Type Legal update: archive
Jurisdictions
  • England
  • Wales
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