(1) A charge over present and future book debts, where the chargor was required to collect and place those debts in a designated account with the chargee bank, but the chargor was free to draw on the account for its business purposes provided the overdraft limit was not exceeded, was in law a floating charge even if it was expressed as being a fixed charge. (2) The unrestricted use by the chargor of the proceeds in the account was inconsistent with a fixed charge since it allowed the debt and ...
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A registered shareholder of a company which held its shares on a bare trust under which it was required to cast its votes in accordance with the directions of the beneficial owner was not "connected with" the company in question for the purposes of section 245 of the Insolvency Act 1986.
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Where a defendant, being a party to an arbitration agreement, had taken steps in legal proceedings and the claimants subsequently amended their claim to raise additional matters which were part and parcel of the dispute of which the court was already seised, the defendant was not entitled under section 9 of the Arbitration Act 1996 to apply for a stay in respect of the new matters with a view to their referral to arbitration.
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A letter and an e-mail read together contained an agreement to agree an essential term and therefore did not constitute an agreement of sufficient certainty for it to be enforceable.
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Securitisation arrangements, widely adopted by mortgage lenders as an inexpensive method of fund raising, did not have the effect of preventing the mortgagee, as registered proprietor of the legal charge and who retained legal ownership of it, from the right to claim possession of the mortgaged property.
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A matter could not be re-litigated in England in circumstances where a company and its director had deliberately engineered a situation which had caused the company to have a judgment entered against it in another jurisdiction so that that adverse judgment could be challenged in liquidation proceedings in respect of the company.
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The principle of freedom of establishment in the EC Treaty applied between private persons as well as between private persons and public authorities.
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In arbitrations, if the case was urgent, the court had jurisdiction to make only such orders as it thought necessary for the purpose of preserving evidence or assets.
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The principle that parties should be free to choose the courts where their disputes were to be resolved was paramount when a contract of carriage conferred exclusive jurisdiction on the English courts but one of parties sought to exercise a statutory right to bring proceedings in the courts of Canada.
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Where a person had been deprived of an interest in property by the forgery of another, the fact of the forgery was no more than an important factor when considering whether to rectify the register of title and was not decisive.
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