High Court finds borrower's security confers floating charge, despite intention of parties to create fixed charge and lender's contractual power to exercise control

The High Court has found that a borrower's debenture granted to a lender in respect of certain internet protocol (IP) addresses was a floating charge.

Filed under:
United Kingdom, Banking, Insolvency & Restructuring, Litigation, Herbert Smith Freehills LLP
Authors:
John Corrie , John Chetwood , Rachael MacKay , Ceri Morgan , Nihar Lovell
Location:
United Kingdom
Firm:
Herbert Smith Freehills LLP
High Court considers contractual construction of guarantees

The High Court has recently considered a number of questions of contractual construction in the context of guarantees: Barclays Bank plc v Price & Ors [2018] EWHC 2719 (Comm). 

Filed under:
United Kingdom, England & Wales, Banking, Insolvency & Restructuring, Litigation, Herbert Smith Freehills LLP, Barclays
Authors:
Ceri Morgan , John Corrie
Location:
United Kingdom
Firm:
Herbert Smith Freehills LLP