The last word in security

The English law of security over cashdeposits has finally been clarified to the Financial Law Panel's satisfaction - this has important consequences for documentation. By Christopher Stoakes.

At the end of October last year the House of Lords gave judgment in Morris vs Agrichemicals Ltd, laying to rest the doubt over a bank’s ability to take a charge over cash deposited with it by a borrower. The decision was applauded but lawyers were still uncertain as to the implications for loan documentation (see Financial Lawyer, Euromoney December 1997).

Now, however, the Financial Law Panel has sounded the all-clear in its bulletin entitled “Security over cash deposits – a valediction” (April 1998).

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