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Fixed Charge or Floating Charge - Its All In The Small Print


 
Mortgagee Loses Out On "Floating" Charge
The Russell-Cooke Trust Co v Elliott and others

Ch D
9 March 2007
Weekly Law Notes Summary

It was possible, in appropriate circumstances, that a legal charge, labelled and described as “floating”, was in reality a fixed charge, having regard to the totality of the documentation creating the charge and the rights and obligations arising from that documentation.
 
 

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