Bank of Credit and Commerce International SA (No 8): CA 1997

A security was granted to secure a debt owed by a third party.

Citations:

[1997] 4 All ER 568

Jurisdiction:

England and Wales

Citing:

CitedChina and South Sea Bank Limited v Tan Soon Gin PC 1990
A mortgagee’s decision on sale is not constrained by reason of the fact that the exercise or non-exercise of the power will occasion loss or damage to the mortgagor. He can sit back and do nothing. He is not obliged to take steps to realise his . .

Cited by:

CitedSerious Organised Crime Agency v Szepietowski and Others ChD 15-Oct-2010
The court was asked whether, as second mortgagee on the defendant’s properties, the claimant agency had the equitable power of marshalling of prior charges. The first chargee had charges over two properties, and sold the first, satisfying it debt, . .
Lists of cited by and citing cases may be incomplete.

Equity

Updated: 08 May 2022; Ref: scu.425367