MS Fashions Ltd v Bank of Credit and Commerce International SA

JurisdictionEngland & Wales
Judgment Date22 May 1992
Date22 May 1992
CourtCourt of Appeal (Civil Division)
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35 cases
  • Re Bank of Credit and Commerce International SA ((in Liquidation)) (No. 8)
    • United Kingdom
    • Court of Appeal (Civil Division)
    • 20 December 1995
    ...is to be distinguished from the three cases which were considered by Hoffmann LJ sitting at first instance in M.S.Fashions Ltd. v Bank of Credit and Commerce International SA, [1993] Ch. 425. Those proceedings concerned loans made by the bank to three different companies, viz: M.S.Fashions......
  • Re Bank of Credit and Commerce International SA ((in Liquidation)) (No. 8)
    • United Kingdom
    • House of Lords
    • 30 October 1997
    ...of rule 4.90 was to make such a set-off mandatory. 24 (a) M.S. Fashions Ltd. 25Mr. McDonnell relied upon M.S. Fashions Ltd. v. Bank of Credit and Commerce International S.A. [1993] Ch. 425 as a case in which this kind of reasoning had been approved. I do not think that this is right. The c......
  • Good Property Land Development Pte Ltd (in liquidation) v Societe-Generale
    • Singapore
    • Court of Appeal (Singapore)
    • 17 April 1996
    ... ... with regard to funds standing in our account with your bank. On 26 April 1989, GPLD and the respondents executed the ... An amount standing to the credit of the customer`s account constitutes a debt owed to him by ... dealing with insolvency set-off is that of MS Fashions Ltd & Ors v Bank of Credit and Commerce International SA ... ...
  • Lehman Brothers Commodity Services Inc. v Crédit Agricole Corporate and Investment Bank (formerly Calyon)
    • United Kingdom
    • Queen's Bench Division (Commercial Court)
    • 7 June 2011
    ... ... Fashions Ltd v BCCI [1993] Ch 425 ... It follows that, in the absence of a contrary provision in the EDF/ISDA ... taking of the account between EDF and LBCS that is implied by the law, see Cargill International SA v Bangladesh Sugar and Food Industries Corporation [1998] 1 WLR 461 ... Furthermore, there is ... ...
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1 books & journal articles
  • AT THE INTERSECTION OF PROPERTY AND INSOLVENCY: THE INSOLVENT COMPANY’S ENCUMBERED ASSETS
    • Singapore
    • Singapore Academy of Law Journal No. 2008, December 2008
    • 1 December 2008
    ...at 646—647; In re Dynamics Corporation of America[1976] 1 WLR 757 at 762; MS Fashions Ltd v Bank of Credit and Commerce International SA[1993] Ch 425 at 432—433. 90 See, eg, Stein v Blake[1996] AC 243 at 252 and MS Fashions Ltd v Bank of Credit and Commerce International SA[1993] Ch 425 at ......

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