Lord Westbury LC, Lord Wensleydale, Lord Chelmsford
Keywords
Security interest
Priority
Holroyd v Marshall (1862) 10 HLC 191, 11 ER 999 was a judicial decision of the House of Lords. In that case the House of Lords affirmed that under English law a person could grant a mortgage or other security interest over future property, i.e. property that they did not actually own at the time of granting the charge. Prior to decision, the generally accepted principle under English law was that pursuant to the nemo dat rule it was impossible for a person to convey a security interest in property which they did not own at the time of granting the charge.[1][2]
The case is also notable in that no less than three persons who were, or one day would be, Lord Chancellor, gave judgments. It is also a rare example of one Law Lord interrupting another during their speech to object to a point in their judgment.[3]
^M.A. Clarke, R.J.A. Hooley, R.J.C. Munday, A.M. Tettenborn, L.S. Sealy, P.G. Turner (27 April 2017). Commercial Law: Text, Cases and Materials (5th ed.). Oxford University Press. p. 69. ISBN 9780199692088.{{cite book}}: CS1 maint: multiple names: authors list (link)
^"Holroyd v Marshall (1862) 10 HLC 191; 11 ER 999". Student Law Notes. Retrieved 7 May 2016.
^(1862) 10 HLC 191, 226
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