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National Westminster Bank Ltd v Halesowen: Difference between revisions
National Westminster Bank Ltd v Halesowen (view source)
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The majority view that the insolvency set-off provisions were mandatory and that a party could not waive them or contract out of them is regarded as the settled law. This position has now been affirmed by the subsequent (unanimous) House of Lords decisions in {{cite|Stein|Blake|1996|AC|243}} and {{cite1|Re Bank of Credit and Commerce International SA (No 8)|1998|AC|214}} | The majority view that the insolvency set-off provisions were mandatory and that a party could not waive them or contract out of them is regarded as the settled law. This position has now been affirmed by the subsequent (unanimous) House of Lords decisions in {{cite|Stein|Blake|1996|AC|243}} and {{cite1|Re Bank of Credit and Commerce International SA (No 8)|1998|AC|214}} | ||
{{ | {{sa}} | ||
*[[Insolvency set-off]] | *[[Insolvency set-off]] | ||
*General [[set-off]] | *General [[set-off]] | ||
*{{casenote|Stein|Blake}} | *{{casenote|Stein|Blake}} | ||