Fixed Charge in UK Law
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Richard Dale Agnew and Another v The Commissioner of Inland Revenue and Another
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Once these have been ascertained, the Court can then embark on the second stage of the process, which is one of categorisation. If their intention, properly gathered from the language of the instrument, is to grant the company rights in respect of the charged assets which are inconsistent with the nature of a fixed charge, then the charge cannot be a fixed charge however they may have chosen to describe it.
To constitute a charge on book debts a fixed charge, it is sufficient to prohibit the company from realising the debts itself, whether by assignment or collection. If the company seeks permission to do so in respect of a particular debt, the charge holder can refuse permission or grant permission on terms, and can thus direct the application of the proceeds.
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Re Cosslett (Contractors) Ltd
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The essence of a floating charge is that it is a charge, not on any particular asset, but on a fluctuating body of assets which remain under the management and control of the chargor, and which the chargor has the right to withdraw from the security despite the existence of the charge. The essence of a fixed charge is that the charge is on a particular asset or class of assets which the chargor cannot deal with free from the charge without the consent of the chargee.
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National Westminster Bank Plc v Spectrum Plus Ltd and Others
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But, as indicated in Agnew, the real question was whether the rights and obligations conferred and imposed by clause 5(c) disclosed an intention that the Company should be free to deal with the book debts and withdraw them from the security without the consent of the Bank.
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Leyland Daf Ltd, Re sub nom Buchler v Talbot
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When a floating charge crystallises, it becomes a fixed charge attaching to all the assets of the company which fall within its terms. Thereafter the assets subject to the floating charge form a separate fund in which the debenture holder has a proprietary interest. For the purposes of paying off the secured debt, it is his fund. The company has only an equity of redemption; the right to retransfer of the assets when the debt secured by the floating charge has been paid off.
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National Westminster Bank Plc v Spectrum Plus Ltd and Others
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It seems to me that it is at least arguable that a debenture which prohibits a chargor from disposing of book debts before they are collected and requires him to pay them, beneficially, to the chargee as and when they are collected properly falls within the definition of a fixed charge, regardless of the extent of his contractual right to draw out sums equivalent to the amounts paid in. What he does enjoy are contractual rights to payments, whether as a lender or as a borrower, from the bank.
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Queen's Moat Houses Plc and Another v Capita IRG Trustees Ltd
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But there is no inconsistency between the existence of a fixed charge and a contractual right on the part of the chargor to require the chargee to release property from the charge. This must a fortiori be the case where the right to require the release (as in the present case) ceases on the security becoming enforceable and the chargee determining or becoming bound to enforce it.
- The Single Use Carrier Bags Charge (Fixed Penalty Notices and Amendment) (Scotland) Regulations 2015
- The Household Waste (Fixed Penalty and Penalty Charge) Regulations 2015
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Agricultural Credits Act 1928
... ... of a bank as so defined a charge (hereinafter referred ... to as an agricultural charge) on all or any of ... (2) An agricultural charge may be either a fixed ... charge, or a floating charge, or both a fixed charge and ... a ... ...
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Sentencing Act 2020
... ... 2020/1236, reg. 2 ... 44: Criminal courts charge duty where court dealing with offender for offence ... Where the Crown ... (5) Subsection (6) applies where a court imposes a non-fixed life sentence for an offence ... (6) Section 60 applies to the court in ... ...
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Determinants of bank loan charge-off rates: evidence from the USA
Purpose: Using data on 5,176 commercial banks in the USA for the period 1999Q1-2016Q3, the present study aims to examine the underlying determinants of loan charge-off rates. Design/methodology/ap...
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Rent review: dark art or rainy sky?
Purpose: – The purpose of this paper is to consider the impact on rent review clauses of a recent UK Supreme Court ruling on the interpretation and application of contractual provisions. Although t...... ... Britton (2015) UKSC 36 concerned service charge provisions, the court’s approachhas significant implications for rent views where a fixed or indexed increase is intended.Design/methodology/approach –Review of ... ...
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Some Legal Determinants of External Finance in Scotland: A Response to Lord Hodge
... ... to incorporate new Scottish subsidiaries on the grounds that taking fixed security over their shares was too difficult – but that blanket ... frequently secured on land by a mortgage or by a fixed or floating charge; and no treatment of commercial interests can be considered complete ... ...
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Are you an Unwitting Victim of Insolvency?
Victims of insolvency are not just those provided for in the legislation. This paper explores just who are the victims of insolvency and what their statutory remedies are.... ... by secured creditors whose indebtedness is secured by a float-ing charge. The floating charge is a 117 ... THE JOURNAL OF ASSET PROTECTION AND ... allows a charge over assets that cannot be secured with a normal fixed charge. Only a corporate entity, as opposed to an individual, can grant ... ...
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(UK) Avanti: The Evolution of a Spectrum – from Fixed to Floating Charge, who Needs Control?
In a decision likely to be welcomed by both debtors and lenders, the High Court has held that a charge granted by Avanti Communications Limited (“Avanti”) was properly characterised as a fixed char...
- Fixed Charge Receiver Or Administrators ' The Pros And Cons?
- Re Avanti ' Fixed / Floating Charge Security Under English Law
- Fixed Or Floating Charge? What Is The Impact Of The Recent Re Avanti Communications Judgment?
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Apply to determine liability to pay an administration charge
Leasehold (management) dispute applications forms including applications for orders.... ... ... Application for a determination as to liability to pay an administration charge or for the variation of a fixed administration charge ... Schedule 11 to the Commonhold and Leasehold Reform Act 2002 (as amended by section 131 Housing and Planning Act ... ...
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Statutory declaration (Vehicle emissions) - Unpaid penalty charge
Traffic Enforcement Centre forms, including the form to challenge an unpaid penalty charge notice.... ... You must ensure that all details above are correctly entered from the Order for Recovery of unpaid fixed penalty notice ... You must then have the form sworn before a Commissioner for Oaths (e.g. a Solicitor), a Justice of the Peace (at any ... ...
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Standard directions for applications under s.84 Law of Property Act
Lands Chamber (Upper Tribunal) forms including appeals forms.... ... and provide to the parties at least two weeks before the date fixed for the final hearing ... Preparation for the final hearing ... ... must also provide an index to the hearing bundle (without charge) to each objector who does not wish to receive a copy of the hearing ... ...
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sheet
Commercial Court forms including claims and application notices.... ... Date of trial if fixed"…………………………………………………………………\xE2" ... discussed between all counsel for each party, or the solicitor in charge of the case if counsel is/are not yet instructed before being signed and ... ...