A contractual possessory lien, coupled with a right to sell and use the proceeds to discharge the customer’s outstanding indebtedness was not a floating charge because the company did not purport to have any right to exercise any right to take possession as distinct from the right to detain possession
Henry LJ, Mummery LJ, Chadwick LJ
[1999] EWCA Civ 2061, [2000] BCC 602
Bailii
Insolvency Act 1986 11(3)(c), Companies Act 1985 395
England and Wales
Citing:
Appeal from – Trident International Limited v Barlow ChD 27-Feb-1998
. .
Cited – Great Eastern Railway Company v Lord’s Trustee HL 1909
The House was asked whether the appellant railway company had delivered the goods unconditionally to the goods owner so as to lose its lien for the price of coal carriage, or was there an agreement conferring ‘a right in equity to any personal . .
Cited by:
Cited – Online Catering Ltd v Acton and Another CA 10-Feb-2010
online_actonCA10
The claimant agreed for the defendant to repair its fleet of vehicles. The defendant, having fees outstanding, entered the claimants’ premises and removed vehicles saying falsely that they were to be repaired, and then refused to return them. The . .
These lists may be incomplete.
Updated: 15 July 2021; Ref: scu.146976