The following Banking & Finance Q&A provides comprehensive and up to date legal information covering:
In this Q&A, it has been assumed that the relevant security was created after 6 April 2013. If it was created before that date, a different statutory registration regime will apply, though the principles referred to below are broadly similar in both the pre and post 6 April 2013 regimes.
Two issues should be considered in relation to the error in completing Form MR01 as regards the existence of a negative pledge. The first is validity of security and the second is priority of security.
The combined effect of sections 859A and 859H of the Companies Act 2006 (CA 2006) is that (subject to certain exceptions) a charge created by a UK registered company must be registered at Companies House within 21 days of creation, failing which, the charge will be void as against a liquidator, administrator or creditor of the company. CA 2006, ss 859A(2) and 859D provide that the registration of the charge is effected by delivery (among other things) of a ‘section 859D statement of p
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This Practice Note considers the law governing the procedural law of arbitration proceedings (the curial law or lex arbitri) and how it is determined under the law of England and Wales (England and English are used as convenient shorthand).The procedural law of the arbitral proceedingsThe procedural
Broadly, the doctrine of overreaching enables purchasers (which includes tenants and mortgagees) in good faith for money or money’s worth to rely solely on the legal title. In the case of registered land, this means the entries entered on the register of title, as it records ownership of the legal
Source of the doctrine of the separation of powersThe origins of the doctrine are often traced to John Locke’s Second Treatise of Government (1689), in which he identified the 'executive' and 'legislative' powers as needing to be separate.‘… it may be too great a temptation to human frailty, apt to
This Practice Note considers the doctrine of forum non conveniens, also referred to as the appropriate forum or the proper place for a dispute to be determined. This doctrine is of relevance when determining whether the courts of England and Wales have jurisdiction to hear a dispute and is applied
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