Technical update: marshalling part two — Szepietowski v The National Crime Agency
Last week, Gateley commented on how marshalling has been under the spotlight following two recent cases: Highbury Pension Fund Management Company and Anor v Zirfin Investments Management Ltd and Ors and Szepietowski v The National Crime Agency (formerly the Serious Organised Crime Agency). By way of a reminder, marshalling is the ability of a secured creditor to take advantage of assets held under another creditor’s security where they are both owed a debt by the same person.
This week, Gateley looks at the second of these cases, Szepietowski v The National Crime Agency.
Is there an underlying debt? Last October, the Supreme Court allowed an appeal against the Serious Organised Crime Agency’s right to marshal a charge granted to the Royal Bank of Scotland (RBS) over a family home on the basis that there was no underlying debt…
Click on the link below to read the rest of the Gateley briefing.
News from Gateley
News from The Lawyer
Briefings from Gateley
In July, DECC published its consultation paper on the proposed Private Rented Sector Energy Efficiency Regulations (Non-Domestic).
Youung people are increasingly funding their leisure activities by a traditional route of borrowing from friends.
Analysis from The Lawyer
The Law Society recently published guidance to assist solicitors draw up Shariah-compliant wills, causing outrage in some quarters. Gateley’s Haroon Rashid explains the facts.