Byblos SAL v Al-Khudhairy

JurisdictionEngland & Wales
Date1987
CourtCourt of Appeal (Civil Division)
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39 cases
  • Lombard North Central Plc v European Skyjets Ltd ((in Liquidation))
    • United Kingdom
    • Queen's Bench Division
    • 20 March 2020
    ...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 ......
  • Kevin Hellard and Another v Horacio Luis De Brito Carvalho
    • United Kingdom
    • Chancery Division
    • 25 September 2013
    ...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......
  • Hanover Investors Management LLP (on Behalf of Hanover Catalyst Fund) v Hawkwing Plc
    • United Kingdom
    • Chancery Division
    • 28 February 2023
    ...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......
  • Laditi and another v Marlbray Ltd
    • United Kingdom
    • Court of Appeal (Civil Division)
    • 24 May 2016
    ...with regard to sureties: Hansard v Lethbridge (1892) 8 TLR 346; James Graham & Co. (Timber Ltd) v Southgate Sands [1986] 1QB 80: Byblos Bank Sal v Al-Khudhairy [1987] BCLC 232; TCB Ltd. v Gray [1988] 1 AER 108; and Capital Bank Cashflow Finance Ltd. v Southall [2004] EWCA Civ 817 and are il......
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2 firm's commentaries
4 books & journal articles
  • Table of Cases
    • United Kingdom
    • Wildy Simmonds & Hill Law of Insolvent Partnerships and Limited Liability Partnerships Contents
    • 29 August 2015
    ...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......
  • Receivership
    • United Kingdom
    • Wildy Simmonds & Hill Law of Insolvent Partnerships and Limited Liability Partnerships Contents
    • 29 August 2015
    ...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 ......
  • WINDING UP PETITIONS FOUNDED ON A BONA FIDE DISPUTED DEBT
    • Singapore
    • Singapore Academy of Law Journal No. 1998, December 1998
    • 1 December 1998
    ...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......
  • 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
    • South Africa
    • Journal of Corporate Commercial Law & Practice No. , November 2019
    • 21 November 2019
    ...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......

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