Re Fenton. ex parte Fenton Textile Association Ltd

JurisdictionEngland & Wales
Date1931
Year1931
CourtCourt of Appeal
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20 cases
  • Re Debtor (No 66 of 1955) ex parte The Debtor v Waite's Trustee
    • United Kingdom
    • Court of Appeal
    • 13 July 1956
    ...with the sum for costs, making in all £150. 10. 6d. gives rise to a "contra money claim" (to use the phrase of Lord Hanworth, M.R., in Fenton's case hereafter mentioned) arising out of the mutual dealings of 1951/1952 which must, by the imperative terms of Section 31, be set off the one aga......
  • Liverpool (The) (No. 2)
    • United Kingdom
    • Court of Appeal
    • 28 July 1960
    ... ... was guarantor of certain debts to banks of an association in which he was interested. Both he and the association ... ...
  • Re SSSL Realisations (2002) Ltd ((in Liquidation)) and Another
    • United Kingdom
    • Court of Appeal (Civil Division)
    • 18 January 2006
    ...to set off against the Association the amount of the banks' proof. That question was taken to the Court of Appeal in In re Fenton (No 1) [1931] 1 Ch 85. This Court refused to allow the set-off, on the grounds that a set-off in those circumstances would be contrary to the rule against double......
  • Halesowen Presswork & Assemblies Ltd v Westminster Bank Ltd
    • United Kingdom
    • House of Lords
    • 26 January 1972
    ...Act 1914: "It is not merely permissive, but it is a direct statutory enactment that the balance only is to be claimed in bankruptcy." 38In In re Fenton [1931] 1 Ch. 85 he made similar 39In Rolls Razor Ltd. v. Cox [1967] I Q.B. 552 Lord Denning M.R. said at p. 570 and Danckwerts L.J. at p. ......
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2 books & journal articles
  • SECURITY DEPOSIT ARRANGEMENTS IN INSOLVENCY
    • Singapore
    • Singapore Academy of Law Journal No. 1996, December 1996
    • 1 December 1996
    ...for example, Robertson v Grigg(1932) 47 CLR 257. 88 See Derek Randall Enterprises Ltd v Randall[1991] BCLC 379 at 383b—h. 89 Re Fenton [1931] 1 Ch 85 at 112; National Westminster Bank Ltd v Halesowan Presswork & Assemblies Ltd[1972] AC 785 at 821F; Lloyds Bank v National Safety Council[1993......
  • TRUST FUNDS, ASCERTAINABILITY OF BENEFICIAL INTEREST AND INSOLVENCY SET-OFF
    • Singapore
    • Singapore Academy of Law Journal No. 1996, December 1996
    • 1 December 1996
    ...no provision in the old Act corresponding to s 88(2) of the new Act. 9 [1996] 1 SLR 457. 10 Supra, note 1, at 246D and 249E. 11 Re Fenton [1931] 1 Ch 85 at 112; National Westminster Bank Ltd v Halesowan Presswork & Assemblies Lid[1972] AC 785 at 821; Lloyds Bank NZA Ltd v National Safety Co......

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