House of Lords
In re Spectrum Plus Ltd (in liquidation)
[2005] UKHL 41
2005 April 25, 26, 27, 28;
June 30
Lord Nicholls of Birkenhead, Lord Steyn, Lord Hope of Craighead, Lord Scott of Foscote, Lord Walker of Gestingthorpe, Baroness Hale of Richmond and Lord Brown of Eaton-under-Heywood
CompanyDebentureCharge over book debtsCharge expressed to be “by way of specific charge” prohibiting disposal of book debts and requiring proceeds to be paid into account with chargee bankBank permitting company to draw proceeds of debts from account to use in course of business subject to restrictionsWhether charge fixed or floating
Judicial precedentHouse of Lords decisionEffectHouse of Lords overruling previous decision of lower courtWhether jurisdiction to overrule prospectively only

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