Acknowledgement of Debt in UK Law

Leading Cases
  • E D & F Man Liquid Products Ltd v Patel and Another
    • Court of Appeal (Civil Division)
    • 04 April 2003

    In some cases it may be clear that there is no real substance in factual assertions made, particularly if contradicted by contemporary documents.

    I would only add that, where there is a claim or judgment for monies due and issues of fact are raised by a defendant for the first time which, standing alone would demonstrate a triable issue, if it is apparent that, with full knowledge of the facts raised, the defendant has previously admitted the debt and/or made payments on account of it, a judge will be justified in taking such acknowledgements into account as an indication of the likely substance of the issues raised and the ultimate success of the defence belatedly advanced.

  • Dubai Islamic Bank PJSC v PSI Energy Holding Company BSC (a Bahraini corporation) and Others
    • Queen's Bench Division (Commercial Court)
    • 06 December 2013

    The range of goods ostensibly sold by PSI Middle East is staggering: jetting pumps, bunker fuel, packing machines, chiller plants together with vast quantities of aluminium sheet and steel beams. There are discrepancies in price both between different transactions and in comparison with market prices.

    Mr Lyons discussed this with the Bank's then head of the legal department, Mr Al Shamsi, who said that whilst the FAD might be prepared to give assurances, it was highly unlikely they would be in writing. It was arranged for Mr Taylor to meet FAD on 8 February 2008. Prior to the meeting, the FAD made clear that they wanted access to the second and third defendants' documents immediately after the meeting.

    The second defendant was arrested at Dubai airport on 21 May 2008. Mr Mallin relied upon a Minute of an Investigation dated 23 May 2008 started by Mr Al Zarouni, Assistant Public Prosecutor in the Public Prosecutor's office. This refers to the second defendant's arrest and states that that day they had received a file from the General Directorate of State Security at Police Headquarters relating to three individuals accused of fraud, the second, third and fourth defendants.

    The overwhelming weight of the documentary evidence, confirmed by the evidence of Lt. Col. Belhaul to the Public Prosecutor, is that it was the FAD and Dubai State Security (not the Bank) which provided the report and file to the public prosecutor setting out the results of the investigation which the FAD had been conducting since the autumn of 2007. In other words, to the extent that anyone other than the Public Prosecutor's office itself procured the arrests, it was the FAD, not the Bank.

  • Barnetson v Framlington Group Ltd and Another
    • Court of Appeal (Civil Division)
    • 24 May 2007

    The critical feature of proximity for this purpose, it seems to me, is one of the subject matter of the dispute rather than how long before the threat, or start, of litigation it was aired in negotiations between the parties. On that approach, which I would commend, the crucial consideration would be whether in the course of negotiations the parties contemplated or might reasonably have contemplated litigation if they could not agree.

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Legislation
  • Bankruptcy (Scotland) Act 2016
    • Scotland
    • January 01, 2016
    ... ... Owner and Debtor Protection (Scotland) Act 2010, the Bankruptcy and Debt Advice (Scotland) Act 2014, the Protected Trust Deeds (Scotland) ... purposes of that enactment or rule of law, as an effective acknowledgement of the creditor's claim ... (9) The actings are—(a) the presentation ... ...
  • Limitation Act 1939
    • UK Non-devolved
    • January 01, 1939
    ... ... arrears of interest in respect of any judgment debt shall ... be recovered after the expiration of six years from the ... date ... an acknowledgement of the mortgagor's title or of his ... equity of redemption by one of the ... ...
  • Civil Procedure Rules 1998
    • UK Non-devolved
    • January 01, 1998
    ... ... under rule 12.4(1) —(a) the date by which the whole of the judgment debt is to be paid; or(b) the times and rate at which it is to be paid by ... further information;(c) a witness statement; and(d) an acknowledgement of service in a claim begun by way of the Part 8 procedure ... (2) Where ... ...
  • Criminal Justice (Scotland) Act 1995
    • UK Non-devolved
    • January 01, 1995
    ... ... (5) An order may be made or other action taken in respect of a debt owed by the Crown ... (6) In exercising those powers, no account shall ... post or by the recorded delivery service; and an acknowledgement or certificate of delivery of a letter containing such copy order issued ... ...
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Books & Journal Articles
  • Zenotypes: On the Modes of Reproduction of Critical Lawyers
    • No. 11-3, September 2002
    • Social & Legal Studies
    ... ... of institutional lineage, he had to reconcile his radicalism with his debt to a mentor who maintained a continuing authority over him. His anarchism ... It was an ambivalent acknowledgement or grudging thanks which Zen had commented on – had quoted back to me ... ...
  • Law, Social Policy, and the Constitution of Markets and Profit Making
    • No. 40-1, March 2013
    • Journal of Law and Society
    This article explores the relationship between law, society, and economy in the context of the contemporary British welfare state. Drawing on themes in Polanyi's The Great Transformation, it identi...
    ... ... , and not a sum of money to be repaid, is the sense of the acknowledgement of debt. 30 The developments described above demonstrate the state's ... ...
  • Index
    • Construction Law. Volume I - Third Edition
    • Julian Bailey
    • 969-1042
    ... ... , II.6.19 death termination of contract, II.9.157–II.9.158 debt acknowledgment of, III.26.48 action for, II.6.374 assignment of, ... Act 1977 (UK) use of, II.13.213 limitation periods acknowledgement of debt, III.26.48 acquiescence, III.26.62 amendment to statement of case ... ...
  • Index
    • Construction Law. Volume II - Third Edition
    • Julian Bailey
    • 951-1024
    ... ... , ii.6.19 death termination of contract, ii.9.157–ii.9.158 debt acknowledgment of, iii.26.48 action for, ii.6.374 assignment of, ... Act 1977 (UK) use of, ii.13.213 limitation periods acknowledgement of debt, iii.26.48 acquiescence, iii.26.62 amendment to statement of case ... ...
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Law Firm Commentaries
  • Reinsurance - R&Q Insurance (Malta) Ltd & Ors v Continental Insurance Company
    • Mondaq UK
    ... ... contracts had been placed and whether there had been an acknowledgement of liability ... The main issue in this case was whether the defendant ... Act 1980 provides that where there is a right to recover "any debt or other liquidated pecuniary claim", and the liable person acknowledges ... ...
  • UK Court Characterizes Loan Agreements As Debentures - Implications Under The Financial Services And Markets Act 2000
    • Mondaq United Kingdom
    ... ... even if undrawn, is an instrument which evidences or acknowledges debt and consequently a debenture - has created significant legal uncertainty ... found that a loan agreement, even if undrawn, created an acknowledgement of debt and was thus a "debenture". While, the Court of Appeal did not ... ...
  • (Re)insurance Weekly Update 20- 2018
    • Mondaq UK
    ... ... contracts had been placed and whether there had been an acknowledgement of liability ... The main issue in this case was whether the defendant ... Act 1980 provides that where there is a right to recover "any debt or other liquidated pecuniary claim", and the liable person acknowledges ... ...
  • Buying Debt - Factoring In More Diligence
    • Mondaq UK
    ... ... the whole relationship between the debtor and the creditor in respect of such debt in the notice issues to the debtor ensure that an acknowledgement provision is included and chase the debtor until such acknowledgement is agreed Consideration should also be given to existing debts which have ... ...
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Forms
  • T426)
    • HM Courts & Tribunals Service court and tribunal forms
    Includes the refund form for claimants.
    ... ... If you have not received an acknowledgement from the EAT within seven days of ... posting the notice of appeal, you ... • Once entered, your personal details and the details of your debt will remain on this ... Register for a period of 6 years unless paid ... ...
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