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United Kingdom charging orderspriorityforeign insolvency

British Arab Commercial Bank v Algosaibi

[2011] EWHC 2444 (Comm), [2011] 2 CLC 736
JurisdictionUnited Kingdom
CourtHigh Court of Justice (Commercial Court, Queen's Bench Division)
Year2011
StatusPersuasive authority

Key Principle

Where competing creditors seek charging orders over the same assets and no statutory insolvency regime (and no recognised foreign insolvency) applies, priority is governed by the common-law 'first past the post' rule: the diligent creditor who first obtains a final charging order takes priority, the court retaining only a limited discretion to refuse to make an order final in exceptional circumstances.

Area of Law

General

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