Liens - Commercial/Equitable or ?

Re: Liens - Commercial/Equitable or ?

Postby enegiss » Wed Sep 15, 2010 1:07 pm

bump, any thing new? peace
if you wish to create a favourable History, then you have to start now.
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Re: Liens - Commercial/Equitable or ?

Postby MrFrodo » Sat Sep 18, 2010 7:55 am

This may prove useful reading:

http://freetheplanet.net/articles/145/law-of-liens

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Re: Liens - Commercial/Equitable or ?

Postby enegiss » Sat Sep 18, 2010 11:33 am

thanks mr frodo, peace
if you wish to create a favourable History, then you have to start now.
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Re: Liens - Commercial/Equitable or ?

Postby virtualcrusader » Sun Jan 06, 2013 10:58 pm

huntingross wrote:My findings so far

Commercial Lien doesn't seem to be on the UK radar.

Liens don't seem to get alot of hits for UK searches.

Definitions go along these lines :

Equitable lien
In common-law countries, equitable liens give rise to unique and difficult issues. An equitable lien is a non-possessory security right conferred by operation of law, which is similar in effect to an equitable charge. It differs from a charge in that it is non-consensual. It is conferred only in very limited circumstances, the most common (and least ambiguous) of which is in relation to the sale of land; an unpaid vendor has an equitable lien over the land for the purchase price, notwithstanding that the purchaser has gone into occupation of the property. It is seen as a counterweight to the equitable rule which confers a beneficial interest in the land on the purchaser once contracts are exchanged for purchase.
It is a matter of conjecture how far equitable liens extend outside of the unpaid vendor's lien. Equitable liens have been held to exist in a number of cases involving choses in action, but not yet in relation to chattels

Equitable charge
A fixed equitable charge confers a right on the secured party to look to (or appropriate) a particular asset in the event of the debtor's default, which is enforceable by either power of sale or appointment of a receiver. It is probably the most common form of security taken over assets. Technically, a charge (or a "mere" charge) cannot include the power to enforce without judicial intervention, as it does not include the transfer of a property proprietary interest in the charged asset.

Chose in action
A chose in action, sometimes called a "chose in suspense", in its more limited meaning denotes the right to enforce by legal proceedings the payment of a debt, to obtain money by way of damages for contract, or to be recompensed for a wrong.


A lien should have content like this :

Be sure to include the following pieces of information in your lien: The name, company name and address (including county) of the property owner against whom your lien is filed; the same information about the delinquent client, if different; the beginning and ending dates of the unpaid service; the due date for payment; and all associated fees including lien filing fees, lien removal fees, payment for your time to apply and remove the lien, late fees and finance charges.

http://www.ehow.com/how_4423172_write-lien.html



Huntingross, thanking you this seems very well informed. Would be interesting if you have references to your sources.

I have a Lien I am trying to pull together and may detail more on this over the coming days.
However for the moment if I might ask if anyone has yet to compile the whole process from first acts to collecting of monies ?

Has anyone replied to the question : is there such a thing as Commercial Liens, particularly in England ?
Yes I have read the .pdf 'Commercial Liens : a most potent weapon' but for all the searching I find no substantial justification of the existence.
Wikipedia has about thirty kinds of liens, including 'false liens' http://en.wikipedia.org/wiki/Lien but no such thing as a Commercial Lien
Halisbury neither, http://freetheplanet.net/articles/145/law-of-liens

A lot of this circulates around previous posts that are 2009-2010, that did not conclude. Given the far greater volume of noise now about - perhaps some confirmations are possible ?



Also I found this article:
www.bottomlineresearch.ca/articles/articles/pdf/equitable_lien.pdf
It is written by Barbara E Cotton and although she does confirm this it would appear that she acts as lawyer in Canada and details the development of equitable liens in Canada but provides case references that support actual results and courts increasing willingness to accept the application of equitable liens for more varied purposes. Particularly page 19, Guiness Plc v. Saunders. YES this was a HUGE public case from the 1980s on the UK Television for months. Guiness plc was considered to have been wronged by some monies received by its Director Eric Saunders, the Court of Appeal accepted that Guiness could: "HAVE LIEN OVER ANY OF HIS PROPERTIES OR BANK ACCOUNTS" (paraphrased, please read the original).

This seems carte blanche in terms of what can be liened.


To mediators : perhaps this topic of Liens deserves it own forum ?
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