National Westminster Bank Plc v Spectrum Plus Ltd and Others

JurisdictionUK Non-devolved
JudgeLORD NICHOLLS OF BIRKENHEAD,LORD STEYN,LORD HOPE OF CRAIGHEAD,LORD SCOTT OF FOSCOTE,LORD WALKER OF GESTINGTHORPE,BARONESS HALE OF RICHMOND,LORD BROWN OF EATON-UNDER-HEYWOOD
Judgment Date30 June 2005
Neutral Citation[2005] UKHL 41
CourtHouse of Lords
Date30 June 2005
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183 cases
  • Affin Bank Bhd v Malayan Banking Bhd
    • Malaysia
    • Court of Appeal (Malaysia)
    • Invalid date
  • Affin Bank Berhad v Malayan Banking Berhad
    • Malaysia
    • Court of Appeal (Malaysia)
    • Invalid date
  • Gray & others v GTP Group Ltd
    • United Kingdom
    • Chancery Division
    • 7 May 2010
    ...on this point which culminated in the seven judge House of Lords's decision in the case of In Re Spectrum Plus Limited (in liquidation) [2005] 2 AC 680 (' Spectrum'). First, however, I shall deal with the much earlier case of In Re Cosslett (Contractors) Limited in the Court of Appeal. In t......
  • Re Beam Tube Products Ltd; Fanshawe and another v Amav Industries and Others
    • United Kingdom
    • Chancery Division
    • 17 February 2006
    ...is in control of the charged assets. ” 31In re Brightlife Limited [1987] Ch 200 and In re Spectrum Plus Limited (In Liquidation) [2005] 3 WLR 58 illustrate that notwithstanding that the parties have chosen to describe the charge as fixed or specific if nevertheless the charge is properly ......
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19 firm's commentaries
  • The Acquisition and Leveraged Finance Review – England and Wales
    • United Kingdom
    • JD Supra United Kingdom
    • 19 October 2017
    ...certain circumstances, which could add other grounds for challenge. 15 National Westminster Bank plc v. Spectrum Plus Limited and others [2005] UKHL 41. England & secured parties and features in most debentures, although the market’s increasing acceptance of exclusions to the scope of the f......
  • Acquisition Of Claims By Third Party Litigation Funders
    • United Kingdom
    • Mondaq UK
    • 16 April 2018
    ...in the possession of the trustee, or previously received by the trustee and converted to his use. 2 See Re Spectrum Plus Limited [2005] 2 AC 680 3 Under Paragraph 71(1) Schedule B1 The content of this article is intended to provide a general guide to the subject matter. Specialist advice sh......
  • Administration appointment valid notwithstanding crystallisation of prior-ranking floating charge
    • United Kingdom
    • JD Supra United Kingdom
    • 6 September 2017
    ...that: in accordance with the decisions in Re Yorkshire Woolcombers Association Limited [1903] 2 Ch 284 and Re Spectrum Plus Limited [2005] 2 AC 680, whether a security interest is fixed or floating depends on the construction of the instrument creating the charge. It does not depend on whet......
  • Lending & Secured Finance Country Comparative Guide 2021
    • Hong Kong
    • Mondaq Hong Kong
    • 21 April 2021
    ...Ordinance (Cap. 23)). Following a series of cases culminating in National Westminster Bank plc v Spectrum Plus Limited and others [2005] UKHL 41 (and confirmed in Re Harmony Care Homes Limited (in administrative receivership) [2009] EWHC 1961 (Ch)) it has been held that a fixed charge may b......
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32 books & journal articles
  • Retroactive Adjudication.
    • United States
    • Yale Law Journal Vol. 130 No. 2, November 2020
    • 1 November 2020
    ...minority of Supreme Court judges have approved of prospective-only overruling). (144.) Nat'l Westminster Bank plc v. Spectrum Plus Ltd. [2005] 2 AC 680 (HL), [34] (appeal taken from Eng.) ("[Blackstone's declaratory] theory is still valid when applied to cases where a previous decision is o......
  • The Need to Kill Off Zombie Law
    • United Kingdom
    • Sage Journal of Criminal Law, The No. 81-1, February 2017
    • 1 February 2017
    ...vLincoln City Council [1999] 2 AC 1 (HL), Miller vDickson [2001] UKPC D4; [2002] 1 WLR 1615 [35],In re Spectrum Plus Ltd (in liquidation) [2005] UKHL 41; [2005] 2 AC 680, Deutsche Morgan Grenfell Group plc vInlandSjo¨lin 61 effect retrospectively.94Putting aside the declaratory theory does ......
  • The legal and commercial frameworks
    • United Kingdom
    • Construction Law. Volume I - Third Edition
    • 13 April 2020
    ...Developments Ltd v S&T (UK) Ltd [2018] EWHC 123 (TCC) at [90], per Coulson J (airmed: [2018] EWCa Civ 2448). 68 In re Spectrum Plus Ltd [2005] 3 WLr 58 at 63 [5], per Lord Nicholls. he Supreme Court (and formerly the house of Lords) regards itself as bound by its own decisions, unless the c......
  • Security for performance
    • United Kingdom
    • Construction Law. Volume II - Third Edition
    • 13 April 2020
    ...[2011] SGHC 58 at [67], per Judith Prakash J. 355 Starelec (Qld) Pty Ltd v Kumagai Gumi Co Ltd [2002] QSC 137; In re Spectrum Plus Ltd [2005] 3 WLR 58 at 95 [111], per Lord Scott. 356 Hanson Construction Materials Pty Ltd v Vimwise Civil Engineering Pty Ltd [2005] NSWSC 880 at [15], per Cam......
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