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    Lessons for lenders when taking security: Re UKCloud Ltd (in liquidation)
    2024-06-13

    In a recent judgment1, the High Court determined (contrary to the arguments of the affected secured creditor) that a debenture created a floating charge rather than a fixed charge over certain internet protocol (IP) addresses. Whilst elements of the decision are inevitably fact-specific, some broader lessons and reminders can be taken from the judgment which will be of general relevance to lenders when taking security.

    Filed under:
    United Kingdom, Banking, Insolvency & Restructuring, Litigation, Burges Salmon LLP, Employee Retirement Income Security Act 1974 (USA), Liquidation, Secured creditor, Lender, Secured debt
    Location:
    United Kingdom
    Firm:
    Burges Salmon LLP
    Filing multiple Notices of Intention - the decision in Seabrook
    2021-07-19

    In 2016, the High Court determined that a person may propose to do something without having a settled intention to do it and dismissed an application for an order removing a fourth notice of intention from the court file. At the time the fourth notice was filed, the director only intended to appoint administrators if a CVA proposal was rejected by creditors.

    Filed under:
    United Kingdom, England & Wales, Insolvency & Restructuring, Litigation, DAC Beachcroft, Creditors' rights, Lender
    Authors:
    Kevin Hawthorn , Giles Hindle , Christopher Wall
    Location:
    United Kingdom
    Firm:
    DAC Beachcroft
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