“…hen did Comet decide to repay the KIL RCF? That, to my mind, is the key issue in this appeal. As David Richards J correctly said in Re Stealth Construction Ltd [2011] EWHC 1305 (Ch), [2012] 1 BCLC 297 at [63] it is a question of fact to be determined in the particular circumstances of each case. A contractual obligation to make the repayme…”
“…In Re Stealth Construction Ltd [2011] EWHC 1305 (Ch), [2012] 1 BCLC 297 the question was whether a valid charge had been created. The charge was required to comply with section 2 of the Law of Property (Miscellan…”