Supreme Court upholds CoA Lehman ruling using 200-year-old insolvency law By Margaret Taylor 27 July 2011 12:33 17 December 2015 14:41 Sign in or register to continue reading. It's FREE Sign in Email Password Keep me logged in Forgot your password? Not registered? It's FREE! Register now Register with The Lawyer Vijesna Rohit 28 July 2011 at 12:46 As I understand it, using a contract to deprive creditors of an asset that the company has just before the onset of insolvency is something that will not be upheld by the courts. This decision proves it. Is it time that the rest of the world followed suit in adopting the UK’s framework for insolvency? Time will tell. Head of Immigration 4A LAW http://www.4alaw.com Reply Link Anonymous 28 July 2011 at 13:57 Vijesna – such contracts CAN be upheld by the courts in certain circumstances; for example, if there is no intention to contravene insolvency laws (i.e. good faith) and the transaction is commercially sensible. That is what this decision shows. Given the conflict with the US Bankcruptcy Court’s view on anti-deprivation clauses, it sounds like you would probably prefer Judge Peck’s narrower take on the issue over the UK stance.. Reply Link david brown 3 August 2011 at 12:23 Not enough about football in the speeches is there, Adrian?! Reply Link Name Email Cancel reply Threaded commenting powered by interconnect/it code.