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 avr. 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 déc. 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 mai 2007

    However, the claim to privilege cannot, in my view, turn on purely temporal considerations. 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
  • Companies (Floating Charges) (Scotland) Act 1961
    • UK Non-devolved
    • 1 janvier 1961
    ......of the Act of 1948 or not), for the purpose of securing any. debt incurred or to be incurred by it (including any balance. arising or which ... First Schedule to this Act, or of a bond or other written acknowledgement of debt incorporating words to the like effect as the form so set out, and ......
  • Co-operative and Community Benefit Societies Act 2014
    • England & Wales
    • 1 janvier 2014
    ...... . (7) The acknowledgement of registration also constitutes an acknowledgment of, and is conclusive ... S-35 . Remedies for members' debts 35 Remedies for members' debts . (1) Money payable by a member to a ......
  • Insolvency Act 1986
    • UK Non-devolved
    • 1 janvier 1986
    ......its creditors for a composition in satisfaction of its debts or a. scheme of arrangement of its affairs (from here on referred to, in. ...created by words in a bond or other written acknowledgement,. references to the bond or, as the case may be, the other written. ......
  • Industrial and Provident Societies Act 1965
    • UK Non-devolved
    • 1 janvier 1965
    ...... . S-22 . Remedy for debts from members. 22 Remedy for debts from members. . (1) All moneys ...to it, in addition to an acknowledgement of registration under. section 2(3) of this Act, a certificate similarly ......
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Books & Journal Articles
  • Zenotypes: On the Modes of Reproduction of Critical Lawyers
    • Num. 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
    • Num. 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...
    ...... joint and several liability, not merely in the familiar sense of debtors being held jointly and severally liable only for their own debts, but in ..., 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 ......
  • Stories as property: Narrative ownership as a key concept in victims’ experiences with criminal justice
    • Num. 19-4, September 2019
    • Criminology & Criminal Justice
    This article offers a novel approach to the difficulties experienced by victims in relation to their social surroundings in general, and to justice processes in particular, by expanding on an emerg...
    ......The contribution of social sup- port and acknowledgement of victims’ stories to the success of their attempts to cope can be ... Pemberton et al. 415 for the debt occurred as a consequence of wrongdoing, it is acknowledgement of the fact ......
  • THE NORMS OF ACKNOWLEDGEMENT IN FOUR HUMANITIES AND SOCIAL SCIENCES DISCIPLINES
    • Num. 49-1, January 1993
    • Journal of Documentation
    • 29-43
    The scale and nature of acknowledgement behaviour was investigated in four academic disciplines: history, philosophy, psychology and sociology. Data were derived from four high‐ranking scholarly jo...
    ......The registering of this influence, or intellectual debt, via acknowledgement is comparable with the registering of influence via citations. One of the first to recognise this isomorphism was Edge, who ......
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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 had ... 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 had ... 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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