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England and Wales decisions
Decisions matching the current search
The Privy Council dismissed a guarantee appeal, holding the mortgagee had not been shown to breach its duty on sale, and that stamping and delay complaints failed.
The High Court held that Desiman must account for a ÂŁ2.4 million non-monetary benefit from Spine Road works, but rejected a ÂŁ2 million price-chip surcharge.
Although the debenture's language indicated an intention to create a fixed charge over the IP addresses, the absence of effective control by Harbert, the practical inability to exercise such control, and the 'all or nothing' principle mean the charge must be categorised as a floating charge.
Source excerpt
The Relevant Assets were subject to significant restrictions on disposal under the Security Documents, with only limited exceptions, and were not part of the Company's circulating capital. The Company was not free to deal with the Relevant Assets in the ordinary course of business, and the chargees exercised substantial control. Therefore, the charges over the Relevant Assets created by the Debentures were fixed charges at the time of the Transactions.
Source excerpt
UKCloud Ltd, In the Matter Of (Re Insolvency Act 1986) [2024] EWHC 1259 (Ch) (24 May 2024)
The High Court held that a debenture over UKCloud Ltd’s IP addresses created a floating, not fixed, charge after applying control and “all or nothing” analysis.
Necarcu Ltd v Oldham Athletic (2004) Association Football Club Ltd [2023] EWHC 2096 (Comm) (28 June 2023)
The High Court found that Oldham Athletic remained liable on a loan despite later correspondence. The 12 January 2018 letter effected a novation to Mr Corney, but the 15 January letter was ineffective.
ABT Auto Investments Ltd v Aapico Investment PTE Ltd & Ors [2022] EWHC 2839 (Comm) (14 November 2022)
The Commercial Court upheld a share appropriation under a financial collateral arrangement, but held the valuation process had to be commercially reasonable under Regulation 18.
High Court judgment on a secured aircraft loan. The court upheld Lombard’s right to terminate, enforce security, and sell the aircraft; the counterclaims failed.
General Mediterranean Holding SA SPF v Qucomhaps Holdings Ltd & Ors [2018] EWCA Civ 2416 (31 October 2018)
Court of Appeal upheld summary judgment for a lender, holding the appellants had no real prospect of showing any equitable duty to preserve security or discharge the guarantees.
The Court of Appeal held that Peak retained a proprietary interest in money paid into court for security, so it could validly grant Candey a charge over it.
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