- [2010] All ER (D) 80.
- Under para 81, Schedule B1 of the Insolvency Act 1986.
- S 395(1) of the Companies Act 1986 (now replaced by s 874 of the Companies Act 2006).
- [2001] 2 AC 710, para 32.
- [2001] 2 AC 710.
- [2005] 2 AC 680.
- In Re Cosslett (Contractors) Limited [1997] 4 All ER 115, and Smith (Administrator of Cosslett Contractors) Limited) v Bridgend County Borough Council [2001] All ER (D) 118.
- G-T-P's Counsel had placed particular reliance on the authority of Queen's Moat Houses Plc v Capita IRG Trustee Limited, where Lightman J had stated that there is a critical difference between the right of a corporate chargor to deal with and dispose of the property free from charge without reference to the chargee and the right of a corporate chargor to require the chargee to release the charged property from the charge. Vos J distinguished this decision on the ground that it concerned the construction of a charge over a portfolio of properties. The question was whether one of the properties to which no value was attached could be removed from the security without the value being paid to the chargee.
- See Gorringe v Irwell India Rubbers and Gutta Percha Works [1886] 34 ChD 128 at 134, CA, and Swiss Bank Corporation v Lloyds Bank Limited [1982] AC 584.
- S 255.
- A consultation on the implementation of EU Directive 2009/44/EC on settlement finality and financial collateral arrangements, HM Treasury, August 2010.
- FMLC Patrons' Newsletter, issue II, August 2010.
Law and Financial Markets Review
Volume 4, 2010 - Issue 6