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Ipso facto clause: Difference between revisions
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===UK: the [[anti-deprivation]] principle=== | ===UK: the [[anti-deprivation]] principle=== | ||
In the United Kingdom, there is no ''statutory'' equivalent of America’s [[ipso facto rule]], but resourceful [[common law]] judges invented<ref>I mean, “uncovered an until-then-disregarded-but-nonetheless-foundational [[Doctrine of precedent|principle of the common law]] that extends, unspoken, back to the dawn of civilisation”.</ref> the “[[anti‑deprivation rule]]”: that, in the honeyed words of Sir William Page Wood V.C., in {{citer|Whitmore|Mason|1861|2J&H|204}}: | In the United Kingdom, beyond the [[voidable preference]] provision (section 239) in the [[Insolvency Act 1986]] there is no ''statutory'' equivalent of America’s [[ipso facto rule]], but resourceful [[common law]] judges invented<ref>I mean, “uncovered an until-then-disregarded-but-nonetheless-foundational [[Doctrine of precedent|principle of the common law]] that extends, unspoken, back to the dawn of civilisation”.</ref> the “[[anti‑deprivation rule]]”: that, in the honeyed words of Sir William Page Wood V.C., in {{citer|Whitmore|Mason|1861|2J&H|204}}: | ||
:“no person possessed of property can reserve that property to himself until he shall become [[bankrupt]], and then provide that, [[in the event of]] his becoming bankrupt, it shall pass to another and not his creditors”. | :“no person possessed of property can reserve that property to himself until he shall become [[bankrupt]], and then provide that, [[in the event of]] his becoming bankrupt, it shall pass to another and not his creditors”. | ||