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Fri 13 Jul 2018
Football creditors, anti-deprivation and British Eagle - A Scottish Perspective
Since at least the mid 19th century, the English courts have admitted a common law principle of insolvency law referred to in contemporary parlance as the "anti-deprivation rule" (the "ADR"), and known historically as "fraud on the bankruptcy laws"1. The basic premise of the ADR is that a device through which a bankrupt estate is denuded of an asset in fraud of the bankruptcy laws is in essence void as a matter of policy.
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Urquhart v Rhind and others: potential pitfalls of servitude rights of access
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