Barclays Bank plc and others v Eustice and others
Barclays Bank plc and others v Eustice and others
- 1995
- Weekly Law Reports 1995 1 WLR 1238-1253(16) .
CA 6 July 1995. In 1992, plaintiff bank (X) lend defendants A and B a sum of money with separate overdraft faciity with charge on land owned by A. A and B also occupied land as tenants. The overdraft facility was increasedd converting 20 year loan to 12 month overdraft facility with agricultural charges on all agricultural assets. In March 1994, the Inland Revenuee distrained goods on far in lieu of Income Tax and National Insurance payments. A and B assigned the tenancy to C and D for a £1 sellingg agricultural assets distrained by the Inland Revenue without informing X. X called in loans and appointed receivers. A and B`s solicitor informedd X of assignment. A and b informed their solicitors about the agreement to sell agricultural assets. X sought declaration that under s423 of the Insolvency Act 1986 that the transactions were void and unenforcable and disclosure orders of all documents between defendants and their solicitors. On appeal, declared prima facie case that preconditio
DISCOVERY
INSOLVENCY ACT 1986 S423
LEGAL PROFESSIONAO PROVILEGE
NULL AND VOID
CA 6 July 1995. In 1992, plaintiff bank (X) lend defendants A and B a sum of money with separate overdraft faciity with charge on land owned by A. A and B also occupied land as tenants. The overdraft facility was increasedd converting 20 year loan to 12 month overdraft facility with agricultural charges on all agricultural assets. In March 1994, the Inland Revenuee distrained goods on far in lieu of Income Tax and National Insurance payments. A and B assigned the tenancy to C and D for a £1 sellingg agricultural assets distrained by the Inland Revenue without informing X. X called in loans and appointed receivers. A and B`s solicitor informedd X of assignment. A and b informed their solicitors about the agreement to sell agricultural assets. X sought declaration that under s423 of the Insolvency Act 1986 that the transactions were void and unenforcable and disclosure orders of all documents between defendants and their solicitors. On appeal, declared prima facie case that preconditio
DISCOVERY
INSOLVENCY ACT 1986 S423
LEGAL PROFESSIONAO PROVILEGE
NULL AND VOID