Where by the contract the employer is given a 'lien'1 on the unfixed materials coupled with a power to seize and use them on the bankruptcy of the contractor, the employer is not protected against the contractor's trustee in bankruptcy2. He is protected, however, if the 'lien' on the materials has been given from the very commencement of the contract, as then the 'lien' has vested in the employer prior to the bankruptcy3. If it is stipulated that the 'lien' is only to arise on the happening of any other event, such as neglect to proceed with the works,
**Trials are provided to all LexisPSL and LexisLibrary content, excluding Practice Compliance, Practice Management and Risk and Compliance, subscription packages are tailored to your specific needs. To discuss trialling these LexisPSL services please email customer service via our online form. Free trials are only available to individuals based in the UK. We may terminate this trial at any time or decide not to give a trial, for any reason. Trial includes one question to LexisAsk during the length of the trial.
To view the latest version of this document and millions of others like it, sign-in to LexisLibrary or register for a free trial.
EXISTING USER? SIGN IN TAKE A FREE TRIAL
0330 161 1234