Banking Litigation Notes
Tag: secured creditors
Showing 7 out of 7 results
17 December 2025
Court of Appeal dismisses borrower's application to control sale of commercial property in place of lender's appointed receivers
19 June 2025
Privy Council clarifies that a mortgagee seeking to realise its security does not need to improve asset in order to obtain best price reasonably obtainable
20 June 2024
High Court finds borrower's security confers floating charge, despite intention of parties to create fixed charge and lender's contractual power to exercise control
25 May 2023
A spectrum of possibilities: characterising a charge as fixed or floating after Re Spectrum Plus
19 June 2018
Court of Appeal gives guidance on anti-set off provisions in security documentation
15 June 2018
High Court confirms potential liability of creditors for breaches of duty by administrators
The decision in Davey v Money & Anor [2018] EWHC 766 (Ch) serves as a useful reminder for secured creditors (such as banks) of the …
23 February 2015
Bank exercising a right of forced sale did not have a duty to obtain the best price reasonably obtainable
(1) Rosserlane Consultants Ltd, (2) Swinbrook Developments Ltd v Credit Suisse International [2015] EWHC 384 (Ch) The High Court has found that a Bank …