Acceleration of debt and enforcement of security—key cases

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Published by a LexisNexis Banking & Finance expert
Practice notes

Acceleration of debt and enforcement of security—key cases

Copyright © 2025 LexisNexis

Published by a LexisNexis Banking & Finance expert

Practice notes
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This Practice Note sets out certain key cases and associated relevant content in relation to acceleration of debt and enforcement of security. The cases are divided by topic area and include:

  1. •

    Cases on the process leading to acceleration and enforcement

  2. •

    Cases relating to demands and events of default

  3. •

    Cases relating to duties of mortgagee on enforcement by sale

  4. •

    Cases relating to duties of mortgagee in possession

  5. •

    Cases relating to financial collateral Arrangements (No 2) Regulations 2003

Cases on the process leading to acceleration and enforcement

Names of partiesJudgment dateCase summaryRelevant content
Miller v Cook (1870) L. R. 10 Eq. 64113 July 1870This case is authority for the fundamental point that security should not be enforced in an oppressive manner and that consequently notice of enforcement and the exercise of remedies by the security holder is almost always require, eg by making demand and raising the power of sale.See Practice Notes: Enforcement—debentures and floating charges and Enforcement—fixed charges
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Jurisdiction(s):
United Kingdom
Related legal acts:
Key definition:
Acceleration definition
What does Acceleration mean?

Is the process where lenders have the right to demand the immediate repayment of all outstanding debt as a result of an event of default.

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