United Kingdom uncategorized

Agnew v Commissioner of Inland Revenue (Re Brumark Investments Ltd)

[2001] UKPC 28; [2001] 2 AC 710; [2001] 2 BCLC 188 (PC, on appeal from New Zealand)

JurisdictionUnited Kingdom

CourtJudicial Committee of the Privy Council (on appeal from the Court of Appeal of New Zealand)

Year2001

StatusPersuasive authority

Key Principle

Whether a charge over book debts is fixed or floating turns not on the parties' labels but on whether the company is free to deal with the debts and their proceeds in the ordinary course of business; if so, the charge is floating.

Area of Law

Related Cases

Statoil ASA v Louis Dreyfus Energy Services LP [2008] EWHC 2257 (Comm); [2008] 2 Lloyd's Rep 685; [2008] 2 CLC 520

Statoil ASA v Louis Dreyfus Energy Services LP (The Harriette N) [2008] EWHC 2257 (Comm); [2008] 2 Lloyd's Rep 685; [2009] 1 All ER (Comm) 1035

R v Rahman [2008] UKHL 45; [2009] 1 AC 129; [2008] 3 WLR 264; [2008] 4 All ER 351

Ask CommonBench about this case

Get a detailed analysis of Agnew v Commissioner of Inland Revenue (Re Brumark Investments Ltd) and how it applies to your situation.

Explain Agnew v Commissioner of Inland...