Critically evaluate the above statement in the light of the (then) House of Lords’ decision in the case of National Westminster Bank plc v Spectrum. Has the court in Spectrum been mistaken in their understanding of the distinction between floating and fixed charges?
‘To Comply or Not to Comply: “The distinction between fixed and floating charges could be views as a fragile concept. Moreover, with a lack of statutory definitions to increase this distinction’s robustness, there is still much uncertainty to be addressed.” Jacob En Lun Lim, ‘The Concept of a Charge and the Fragility That Lies beneath … Read more