The Weekly Law Reports
[2010] 3 WLR 87
Court of Appeal
Perpetual Trustee Co Ltd and another
v
BNY Corporate Trustee Services Ltd and anotherButters and others
v
BBC Worldwide Ltd and others
[2009] EWCA Civ 1160
2009 Oct 13,
14,
15;
Nov 6
Nov 6
Lord Neuberger of Abbotsbury MR, Longmore, Patten LJJ
Insolvency— Winding up— Anti-deprivation rule— Contractual provisions switching priority and changing allocation of costs on insolvency— Determination of licence agreement and option to acquire shares on insolvency— Whether provisions contrary to principle that insolvent’s assets remain available for distribution among creditors— Whether valid
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