Tag Archives: avanti

Revisions to SIP 14 – Responsibilities to Preferential Creditors (including Classification of Charges) (UK)

Since the cases of Avanti and UKCloud we have seen more arguments around the classification of a charge – is a typical floating charge asset actually subject to a fixed charge?  Is a fixed charge really floating?  Much depends on the control the charge holder asserts, but we have seen some novel claims. The position … Continue Reading

(UK) Avanti: The Evolution of a Spectrum – from Fixed to Floating Charge, who Needs Control?

In a decision likely to be welcomed by both debtors and lenders, the High Court has held that a charge granted by Avanti Communications Limited (“Avanti”) was properly characterised as a fixed charge (rather than a floating charge) notwithstanding that the chargor retained an element of control over the charged assets. A key plank of … Continue Reading
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