header-logo header-logo

30 March 2007
Issue: 7266 / Categories: Case law , Law digest
printer mail-detail

CORPORATE FINANCE

Russell-Cooke Trust Co v Elliott [2007] All ER (D) 166 (Mar)

One of the essential characteristics of a floating charge, distinguishing it from a fixed charge, is the ability of the chargor to dispose of and deal with the charged asset, and, if necessary, to remove it from the security without first requiring the permission or consent of the chargee.

The nature of the agreement, rather than the labels assigned by the parties, falls to be considered. It is possible, in appropriate circumstances, that a legal charge, labelled and described as ‘floating’, is in reality a fixed charge, having regard to the totality of the documentation creating the charge and the rights and obligations arising from that documentation.
 

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

EIP—Stuart Malcolm

EIP—Stuart Malcolm

EIP strengthens Commercial practice with a new partner

Ellisons—Francesca Brown

Ellisons—Francesca Brown

Ellisons welcomes Francesca Brown to Family team

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau strengthens Sheffield regulatory practice with new hires

NEWS
A wide-ranging Civil Way column highlights developments from insolvency procedure to employment law, but one case stands out for its lessons on bankruptcy, family homes and digital communications
A sprawling Intellectual Property Office battle between House of Fraser and Frasers Property has delivered a masterclass in modern trade mark law
Courts in England and Wales and Singapore are increasingly confronting complex disputes over international child relocation as families become more globally mobile
The government’s long-awaited family law reform consultation could mark a turning point for domestic abuse victims navigating financial remedy proceedings, but significant challenges remain
A new commercial court pilot giving the public access to documents used in hearings, including expert reports, is raising difficult questions about transparency and privacy
back-to-top-scroll