Mention the words “Charge Card” to a banking lawyer and he or she will know immediately what you are talking about. For the last decade, the English law of security has been blighted by the Charge Card case, decided in 1986. However, in Morris v Agrichemicals (also called BCCI No 8) at the end of October, the House of Lords restated the applicable law.
In Charge Card, Millett J (the judge) indicated that a bank (B) could not take a charge over money placed with it to secure the depositor (D’s) liabilities (ie, a loan) to the bank.
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