Byblos SAL v Al-Khudhairy
| Jurisdiction | England & Wales |
| Date | 1987 |
| Year | 1987 |
| Court | Court of Appeal (Civil Division) |
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39 cases
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Lombard North Central Plc v European Skyjets Ltd ((in Liquidation))
...to erect a different principle from the cases cited in Paget on Banking at paragraph 8.6 above. They include Byblos Bank v Al Khudhairy [1987] BCLC 232. That is a case where the point was the subject of a concession from Counsel on behalf of the Defendant about the entitlement to rely upon ......
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Hanover Investors Management LLP (on Behalf of Hanover Catalyst Fund) v Hawkwing Plc
...the value of its assets. This observation echoes the approach taken by the Court of Appeal in the case of Byblos Bank SAL v Al-Khudhairy [1987] BCLC 232, in which it was held that, in assessing a company's balance sheet solvency, the court should not take into account, in addition to assets......
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Kevin Hellard and Another v Horacio Luis De Brito Carvalho
...and much closer (so far as concerns the liability under the CPOA) to the example postulated by Nicholls LJ (as he then was) in Byblos Bank SAL v Al-Khudhairy [1987] BCLC 232 at 247e-g (cited with approval by Lord Walker in Eurosail at 1422B-C): " Take the simple, if extreme, case of a compa......
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John Spencer Harvey v Dunbar Assets Plc
...to prefer the construction which is consistent with business common sense and to reject the other". vi) Cases such as James Graham, Byblos Bank SAL v Al-Khudhairy and TCB Ltd v Gray showed that the fact that the creditor had not taken other securities stipulated for, or in, the underlying a......
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2 firm's commentaries
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Insolvent Cayman Companies: Will The Court Wind Up Or Allow An Opportunity To Restructure?
...unreported, 8 March 2019). 4. See, eg, Re Sun Cheong. 5. See, eg, Re Minrealm [2008] 2 BCLC 141 and Byblos Bank SAL v Al-Khudhairy [1987] BCLC 232. 6. ACL Asean 7. For more information, read our briefing Recent trends: provisional liquidation in the Cayman Islands The content of this articl......
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Insolvent Cayman Companies: Will The Court Wind Up Or Allow An Opportunity To Restructure?
...unreported, 8 March 2019). 4. See, eg, Re Sun Cheong. 5. See, eg, Re Minrealm [2008] 2 BCLC 141 and Byblos Bank SAL v Al-Khudhairy [1987] BCLC 232. 6. ACL Asean 7. For more information, read our briefing Recent trends: provisional liquidation in the Cayman Islands The content of this articl......
4 books & journal articles
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Table of Cases
...City Express Ltd, Re [1997] BCC 826 64, 82 Butchart v Dresser 43 ER 619 (1853) 4 De GM & G 542 198 Byblos Bank SAL v Al Khudairy [1987] BCLC 232 205, 225 Cabvision Ltd v Feetum and Others [2005] EWCA Civ 1601, [2006] Ch 585 203, 204 Cancel Ltd, Re [1995] BCC 1133, [1996] 1 BCLC 100 31, 82 C......
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Receivership
...2001, reg 5). 88 IA 1986, s 31 (applied without modification by LLP Regulations 2001, reg 5). 89 Byblos Bank SAL v Al Khudairy [1987] BCLC 232. 90 [2006] EWHC 2983 (Ch), [2007] BCC 640. 206 Law of Insolvent Partnerships and Limited Liability Partnerships premises to a related company, both ......
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WINDING UP PETITIONS FOUNDED ON A BONA FIDE DISPUTED DEBT
...contingent or prospective; only the present assets of the company qualify for consideration by the court: Byblos Bank SAL v Al-Khudairy[1987] BCLC 232. 78 See Mann v Goldstein, supra, note 8, at 1098D—E. 79 Altarama Ltd v Camp, supra, note 8, at 519; Re Kolback Group Ltd, supra, note 16, at......
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The nature and extent of the obligation imposed on the board of directors of a company in respect of the solvency and liquidity test under section 4 of the Companies Act 71 of 2008
...paras 26–37.144 Ibid; In Re a Company (also referred to as Bond Jewellers) [1986] BCLC 261, by Nourse J; Byblos Bank SAL v Al-Khudhairy [1987] BCLC 232 by Nicholls LJ; In Re Cheyne Finance plc (No 2) [2008] Bus LR 1562.145 R-Bay Logistics CC supra note 73 para 17. The case did not discuss t......