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

Harneys—Maggie Kwok & George Weston

Harneys—Maggie Kwok & George Weston

Harneys senior leadership appointments

Freeths—Keith Browne & Jim Jordan

Freeths—Keith Browne & Jim Jordan

Freeths strengthens London Construction and Engineering practice with two strategic senior hires

Anthony Collins—Laura Moss

Anthony Collins—Laura Moss

Anthony Collins announces strategic hire to deepen skills base in the social business sector

NEWS
More than 100 teams from the legal and financial services sectors competed in five sports at the 51st Law Society RFC Festival of Sport earlier this month
Part-time status need only be an effective cause of less favourable treatment, rather than the sole cause, the Supreme Court has held in Augustine v Data Cars
Britain’s new acknowledgement that Israel’s occupation is unlawful, and accompanying settlement-goods ban and sanctions, is significant but overdue, argue Danny Friedman KC and Victor Kattan in NLJ this week
New planning fee rises, wider trade union access rights and a service-by-email trap feature in Stephen Gold’s latest Civil Way
Existing defamation law can respond to AI ‘hallucinations’, but allocating responsibility will prove harder where outputs reach users without human intervention
back-to-top-scroll