National Westminster Bank Ltd v Halesowen: Difference between revisions

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(Created page with "{{cite|National Westminster Bank Ltd|Halesowen Presswork & Assemblies Ltd|1972||AC|785}} is a decision of the House of Lords in relation to a banker's right to combine account...")
 
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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}}
{{seealso}}
*[[Insolvency set-off]]
*General [[set-off]]
*{{casenote|Stein|Blake}}