Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Fixed charge definition

What does Fixed charge mean? A fixed charge is a security interest over specific, identifiable assets. The chargor cannot sell or otherwise deal with those assets (or their proceeds) without the charge holder’s consent, and the security attaches on creation. In England and Wales and Northern Ireland, case law (notably Spectrum Plus) distinguishes fixed from floating charges by looking at control and the chargor’s freedom to deal; free dealing usually means a floating charge. In Ireland, similar principles apply, supported by case law and the Companies Act 2014. Fixed charges are commonly taken over land, plant and machinery, shares, intellectual property and receivables (often...

English fixed charge receivers and Jersey security: recognition in Jersey, cross-border assistance and enforcement routes (Security Interests Law 2012, hypothecs, creditors’ winding up, désastre, dégrèvement)

Published by a LexisNexis Restructuring & Insolvency expert

Practice notes

This Practice Note examines the role of Fixed charge receivers from a Jersey standpoint. As there is no fixed charge receivership process in Jersey, it focuses on how Jersey law interacts with English fixed charge receiverships in the circumstances below:

security granted by Jersey companies under English law over property located in England; and
security constituted under Jersey law over property located in Jersey

Security created by Jersey companies under English law over property situated in England

In broad terms, the Jersey courts will recognise a charge validly granted by a Jersey company over collateral outside Jersey where a non-Jersey governing law has been properly chosen, which is usually the law of the place where the collateral is located. However, certain aspects of a non-Jersey law charge created by a Jersey company remain governed by Jersey law, applying private international law principles derived from English common law. These matters include the company’s existence, its capacity and corporate authority to enter into the transaction, and whether the directors have exercised their powers properly. Such points are typically addressed in a legal opinion delivered to the chargee...

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Stephen Alexander

Mourant Ozannes

Stephen has broad experience in multi-jurisdictional commercial litigation, arbitration and regulatory matters. He regularly advises in relation to a wide range of commercial disputes, trust issues, investment fund matters, and insolvencies and restructurings. Stephen has been involved in number of high-profile multi-jurisdictional litigation proceedings and insolvencies. He has regularly appeared as an advocate before the English and Cayman Islands courts....

Stephan Venter

Mourant Ozannes

I am a Senior Associate in the Litigation and Dispute Resolution team of Mourant in Jersey. I specialise in multi-jurisdictional commercial disputes that cover a wide range of areas, including contentious trust disputes, insolvency litigation, corporate recovery, fund disputes, and general commercial litigation. With extensive experience in these fields, I am well-equipped to provide valuable counsel and guidance to clients seeking legal support for their complex and high-stakes disputes. Work highlights: Advising the trustees of various family trusts on an ongoing basis with the trustees together holding substantial assets valued in excess of £4,5 billion in different offshore jurisdictions.Representation of Shinhan Securities Company Limited [2022] JRC 293 – advised the KS Asia Absolute Return Fund IC (a Fund managing assets worth approximately $700 million), which successfully applied for a stay of legal proceedings before the Royal Court of Jersey pending the outcome of...

Web page updated on 21/05/2026

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