UK court restores rights of senior creditors

Author: | Published: 1 Jul 2004

UK clearing banks and other secured lenders will continue to be repaid before preferential creditors in corporate insolvencies under a recent ruling by the Court of Appeals.

The Court ruled unanimously that a debenture held by National Westminster Bank over the book debts of paint-maker Spectrum Plus qualified as a fixed, rather than a floating, charge over the company's debts.

The ruling reverses an earlier High Court decision, which had ruled in January that the security held by NatWest over Spectrum's book debts should...

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