- Court of Appeal clarifies mortgagee’s duties in aircraft finance case
- Original news
- What were the facts in these cases?
- What did Burton J decide in the Commercial Court?
- What were the central issues in this appeal?
- What did the court decide on duties owed to unsecured third party creditors?
- What did the court decide on sale to self?
- What did the court decide on a mortgagee's duty to reasonably obtain the best price?
- How does this decision clarify the issue of mortgagee's duties?
- What are the practical implications of this decision? Is this case of interest outside the aircraft finance field?
- Are there any grey areas remaining following this decision?
- What action should lawyers take in light of this decision?
Banking & Finance analysis: What are the duties owed by a mortgagee in possession? David Bowden, independent legal consultant, comments on the consequences of Alpstream AG and others v PK Airfinance Sarl and another and talks to Elaine Skittrell, a barrister specialising in financial services at 1 Gray’s Inn Square Chambers, about what lessons can be learned from this case.
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