The rule in Dearle v Hall (1828) 3 Russ 1 is an English common law rule to determine priority between competing equitable claims to the same asset. The rule broadly provides that where the equitable owner of an asset purports to dispose of his equitable interest on two or more occasions, and the equities are equal between claimants, the claimant who first notifies the trustee or legal owner of the asset shall have a first priority claim.
Although the original decisions related to interests under a trust, most modern applications of the rule relate to the factoring of receivables[1] or multiple grants of equitable security interests.
The rule has been subject to some scathing criticism,[2] and has been abrogated in a number of common law countries in the Commonwealth.
^A common scenario is where a company grants a floating charge over all its assets, including its book debts, to a bank, and then the company also purports to factor the book debts to an independent factor. As between the bank and the factor, the person who will have a priority claim to the receivables will generally be the person who first notifies the legal title holder (ie. the debtor) of their claim.
^See for example, Legal Aspects Receivable Financing (2000), Fidelis Oditah; and Commercial Law (2nd ed), Roy Goode, in which the author indicates: "It is high time that the rule in Dearle v Hall was abolished" at page 705.
and 17 Related for: Rule in Dearle v Hall information
Case – RuleinDearlevHall – Rulein Dumpor's Case – Rulein Howe v Earl of Dartmouth – Rulein Saunders v Vautier – Rulein Shelley's Case – Rulein Wild's...
Parker v British Airways Board [1982] 1 QB 1004, the finder of a bracelet in Heathrow airport could keep it and the Board did not own it DearlevHall (1828)...
Parker v British Airways Board [1982] 1 QB 1004, the finder of a bracelet in Heathrow airport could keep it and the Board did not own it DearlevHall (1828)...
18 June 1982), often referred to as "Hutchy", was an Australian rules footballer in the Victorian Football League (VFL) with the Essendon Football Club...
was an Australian rules footballer who played with Geelong and Essendon in the Victorian Football League (VFL). Debuting with Geelong in 1936, Abbott spent...
1915 – 2 September 2002) was an Australian rules footballer who played for the Essendon Football Club in the Victorian Football League (VFL). Reynolds...
list of Essendon Football Club players who have made one or more appearance in the Australian Football League (AFL), known as the Victorian Football League...
local heritage museum which opened in the grand, Victorian, neo-Gothic Cliffe Castle in 1959. Originating as Cliffe Hallin 1828, the museum is the successor...
an Australian rules football game contested between the Essendon Football Club and Richmond Football Club, held at the Princes Park in Melbourne on 19...
record label founded by Emil E. Shalit in the late 1940s. It was one of the first independent record labels in the UK and the parent company of the Blue...
an Australian rules footballer who played in the Victorian Football League (VFL). He was a member of the Essendon premiership teams in 1942, 1949 and...
1994) was an Australian rules footballer who played for Essendon in the Victorian Football League (VFL) over eleven seasons in twelve years, and served...
an Australian rules football game contested between the Richmond Football Club and Essendon Football Club, held at the Princes Park in Melbourne on 25...
of Slater and injuries to Brian Sarre left them decrepit in the ruck and defence. Future Hall of Fame coach John Todd had his first major success, lifting...
May 1921 – 21 July 1973) was an Australian rules footballer who represented the Essendon and South Melbourne in the VFL. He played as a forward with a strong...
Global Information