Re Yorkshire Woolcombers Association. Houldsworth v Yorkshire Woolcombers Association

JurisdictionEngland & Wales
CourtCourt of Appeal
Date1903
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76 cases
  • Re Cosslett (Contractors) Ltd
    • United Kingdom
    • Court of Appeal (Civil Division)
    • 29 July 1997
    ...or floating charge? 56 In my judgment the three characteristics of a floating charge which were identified by Romer LJ in Re Yorkshire Woolcombers Association Ltd. [1903] 2 Ch. 284 at p. 295 are all present. There is no difficulty in regard to the first two characteristics. Plant and materi......
  • Re Holidair Ltd
    • Ireland
    • Supreme Court
    • 7 March 1994
    ...(AMDT) ACT 1990 S29(3) COMPANIES (AMDT) ACT 1990 S10(2) KEENAN BROTHERS LTD, IN RE 1985 IR 401 YORKSHIRE WOOLCOMBERS ASSOCIATION LTD 1903 2 CH 284 WOGANS (DROGHEDA) LTD, IN RE 1993 1 IR 157 Synopsis: COMPANY Charge Nature - Debenture - Assets - Class - Book debts - Fixed or floating charg......
  • Re Stockport (Nq) Pty Ltd
    • Australia
    • Federal Court
    • Invalid date
  • Re J.D. Brian Ltd ((in Liquidation))
    • Ireland
    • Supreme Court
    • 9 July 2015
    ...the charge has also the third characteristic referred to by Romer L.J. in his judgment in In re Yorkshire Woolcombers' Association Ltd. [1903] 2 Ch. 284 and is accordingly a floating charge and not a fixed charge.’ By way of explanation, the trustee referred to in that passage represented ......
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2 firm's commentaries
  • Administration appointment valid notwithstanding crystallisation of prior-ranking floating charge
    • United Kingdom
    • JD Supra United Kingdom
    • 6 September 2017
    ...floating charge, Lord Justice Briggs concluded 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 ......
  • Highlights of Recent Developments in Insolvency Law
    • United Kingdom
    • Mondaq United Kingdom
    • 3 May 2002
    ...not fulfil the second part of the threefold test for a floating charge laid down by Romer LJ in Re Yorkshire Woolcombers Association Ltd [1903] 2 Ch 284, because would not be changing from time to time in the ordinary course of business, most items falling within the residual class of ìothe......
5 books & journal articles
  • OF PROHIBITIONS ON ASSIGNMENTS, RESTRICTIVE COVENANTS AND NEGATIVE PLEDGES IN COMMERCIAL LAW: CLOGS ON COMMERCE
    • Singapore
    • Singapore Academy of Law Journal Nbr. 1994, December 1994
    • 1 December 1994
    ...1 Ch 800. 95 F Oditah, supra n 65 at 98. While it has been said that Romer LJ’s 3 probanda in Re Yorkshire Woolcombers’ Association Ltd[1903] 2 Ch 284 at 295 are not all necessary conditions, the third requirement: “if you find that by the charge it is contemplated that, until some future s......
  • Security, Insolvency and Risk: Who Pays the Price?
    • United Kingdom
    • The Modern Law Review Nbr. 62-5, September 1999
    • 1 September 1999
    ...at the time.3837 See Illingworth vHouldsworth [1904] AC 355; Robson vSmith [1895]2 Ch 118; Re Yorkshire LtdWoolcombers Association [1903] 2 Ch 284; Cork Report, n 7 above, paras l02–110. See generally W.Gough, Company Charges (London: Butterworths, 2nd ed, 1991); ‘The Floating Charge: Tradi......
  • IS THE FIXED CHARGE OVER BOOK DEBTS A VIABLE SECURITY ARRANGEMENT?
    • Singapore
    • Singapore Academy of Law Journal Nbr. 2002, December 2002
    • 1 December 2002
    ...53 Cambridge Law Journal 81. 7 This is the second of the three characteristics laid down in Re Yorkshire Woolcombers Association Ltd[1903] 2 Ch 284. 8 R Goode, “Charges Over Book Debts — A Missed Opportunity”, 110 LQR 592 at 595. It is noted that corporate legislation appears not to doubt t......
  • FIXED AND FLOATING CHARGES OVER BOOK DEBTS: A POST MORTEM ON THE DEBATE
    • Singapore
    • Singapore Academy of Law Journal Nbr. 2005, December 2005
    • 1 December 2005
    ...1996) ch 4; Walter Woon on Company Law (Tan Cheng Han gen ed) (Sweet & Maxwell Asia, 3rd Ed, 2005) ch 13. 7 Supra n 2, at [111]. 8 [1903] 2 Ch 284 at 295. This passage has been quoted and approved by the Singapore courts in various cases, for instance, by the Court of Appeal in Chase Manhat......
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