| Source: | All England Reporter |
| Publisher Citation: | [1997] All ER (D) 45 |
| Court: | House of Lords |
| Judge: | Lord Goff of Chieveley, Lord Nicholls of Birkenhead, Lord Hoffmann, Lord Hope of Craighead and Lord Hutton |
| Representation | John McDonnell QC (instructed by Haring Ross Gagrat & Gardi) for the first borrower. |
| Christopher Carr QC and Michael Todd (instructed by Charles Russell) for the second borrower. | |
| Michael Crystal QC and Robin Dicker (instructed by Lovell White Durrant) for the liquidators. | |
| Judgment Dates: | 30 October 1997 |
Catchwords
Company - Liquidation - Set-off - Bank lending money on security of deposits made by third parties - Liquidators demanding repayment of loans by borrowers - Whether bank entitled to claim repayment from borrower without resorting to security - Whether bank obliged to set off loan against deposit and treat borrower as pro tanto discharged - Insolvency Rules 1986, r 4.90.
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