What is an 'Absolute' Assignment? Further Reﬂections on Charges, 'Tacking' and Marshalling
Journal of Banking and Finance - Law and Practice, 24 93-103
Posted: 27 Jun 2015
Date Written: 2013
This article examines a number of important and interrelated matters that arise when taking any security interest. It focuses on recent cases in which the relevant issues set out below have been examined in detail. First, what is an “absolute” assignment of an interest? Secondly, assuming that the secured lender enjoys the beneﬁts of an equitable charge, how is such a charge to be enforced as a matter of practice? Thirdly, if the secured lender enjoys the beneﬁts of a number of securities, to what extent must he “marshall” them to prevent other creditors being unfairly treated in the realisation of the security.
JEL Classification: k00
Suggested Citation: Suggested Citation