Guide to banking and insolvency law March 2007

United Kingdom

This month's edition of The Heavyweight, a round-up of developments in banking and insolvency law, includes:

  • The appeal of Architects of Wine v Barclays: the judgment gives pointers as to how a bank would currently stand in court on the collection of cheques, using the defence under s 4 of the Cheques Act 1957.
  • A failed claim that a commitment to pay a transaction fee in connection with a take-over of the company amounted to financial assistance (Corporate Development v E-Relationship);
  • A question that arose as to ownership of mortgaged property where the legal charge had not in fact been witnessed by the purported witness (Khan v Rehman).
  • A purported floating charge actually created a fixed charge in The Russell-Cooke Trust Co.

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The Heavyweight: Comprehensive coverage of banking and insolvency law March 2007