United Bank of Kuwait Plc v Sahib

JurisdictionEngland & Wales
Judgment Date24 June 1994
Date24 June 1994
CourtChancery Division

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14 cases
  • David Kinane /Cross and Alimamy Mackie-Conteh /Cross
    • United Kingdom
    • Court of Appeal (Civil Division)
    • 1 February 2005
    ... ... a third party, Mr George Maxwell-Brown, who had helped it to find a bank willing to open a letter of credit for US$2m. in its favour, and also the ... title deeds, is that there is a contract to create a mortgage: see United Bank of Kuwait plc v Sahib [1997] Ch. 107 , which was not cited in the ... ...
  • United Bank of Kuwait Plc v Sahib
    • United Kingdom
    • Court of Appeal (Civil Division)
    • 2 February 1996
    ...Hadi Haji Sahib, in the proceeds of sale of 37c Fitzjohn's Avenue, Hampstead, London NW3 ("37c"). The Judge's judgment is reported at [1995] 2 WLR 94 and contains a full and careful statement of the facts. It is therefore unnecessary for me to do more than recount the salient facts to make ......
  • Yaxley v Gotts and another
    • United Kingdom
    • Court of Appeal (Civil Division)
    • 24 June 1999
    ... ... 30 United Bank of Kuwait v Sahib [1997] Ch 107 is an important decision on ... ...
  • R (Stevens) v Truro Magistrates' Court
    • United Kingdom
    • Queen's Bench Division (Administrative Court)
    • 18 July 2001
    ... ... by way of security does not create a valid mortgage or charge (see United Bank of Kuwait plc v Sahib [1997] Ch 107 , per Peter Gibson LJ at pp 135E ... ...
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2 books & journal articles
  • Equitable Security Interests: Their Creation and Priority
    • United Kingdom
    • Emerald Journal of Financial Crime No. 3-1, February 1995
    • 1 February 1995
    ...Act 1989 s. 2 might have on them;20 the equitable mortgage by deposit of title deeds (documents) was not so fortunate. REFERENCES (1) [1995] 2 WLR 94. (2) (1828) 3 Russ. 1; 38 ER 475. The rule is made applicable Page 67 Journal of Financial Crime — Vol. 3 No. 1 — Financial Fraud to equitabl......
  • Exploring the Interfaces between Contract Law and Property Law: A UK Comparative Approach
    • United Kingdom
    • Sage Maastricht Journal of European and Comparative Law No. 13-4, December 2006
    • 1 December 2006
    ...ion does not apply where the assig nment is by way of a charge onl y and not an absolute assignment.184 United Bank o f Kuwait v Sahib [1995] 2 WLR 94.185 Nationa l Provincial and Union Ban k of England v Charnle y [1924] 1 KB Sue Farran and D avid Cabrelli438 13 MJ 4 (2006)Equ ita ble mor ......