What does Fungibility mean? In legal practice, fungibility describes assets or goods where each unit is equivalent and mutually interchangeable, so an obligation can be satisfied by delivering any conforming unit rather than a specific item. The concept is used across commercial contracts, commodities trading, securities settlement, collateral, set-off and netting, and insolvency. It is largely a descriptive expression rather than a defined statutory term, though some instruments refer to fungible securities (for example, the Financial Collateral Arrangements (No. 2) Regulations 2003), and case law discusses interchangeable goods held in bulk. A key practical effect is that performance, delivery, appropriation to the contract...
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This Practice Note sets out the concept of fungibility and its practical importance for additional issuances of debt securities.
Debt securities, and other assets, are fungible when they are largely indistinguishable and can be exchanged freely for trading purposes. Fungibility is a fundamental attribute of debt securities issued on the same date as part of a single series. Such instruments are, as a rule, issued on identical terms and are interchangeable for all purposes. When the securities are traded, the seller can complete settlement by delivering the traded nominal amount of the securities, with no need to deliver any specific individual securities. Without this characteristic, trading the securities would be practically impossible. For information on trading debt securities, see Practice Note: UK Debt securities—trading, settlement and custody. Historically, fungibility was a material question for same‑day, single‑series issues when debt securities were produced in definitive bearer form—each security being an individual, negotiable, security‑printed document, typically bearing a unique serial number—and it was necessary to be satisfied that the individual securities could be traded interchangeably...
When evaluating a general damages claim, the practitioner ought initially to refer to the Judicial College Guidelines (JCG)...
This Practice Note This Practice Note reviews mechanisms used in settling litigation. A Tomlin order consists of a consent order paired with a schedule. It operates to stay proceedings on terms that have been agreed. The provisions contained in the schedule may remain confidential. This Practice Note describes the scope of confidentiality attaching to the schedule and sets out how it differs from a standard consent order. Sample wording for a Tomlin order is included, alongside links to precedents, as well as guidance on court approval. It also addresses varying, setting aside and enforcing a Tomlin order, including the considerations the court will take into account when handling applications for each. Further guidance is provided on interpreting and applying the relevant provisions of the CPR; however, some courts and divisions impose very specific requirements for both drafting and approval, and for approaching the schedule and confidentiality issues. Accordingly, you must consider the particular rules and court guide provisions in the forum where your claim is proceeding when drawing up the Tomlin order...
Date [ date ] Parties [ name of Landlord ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Landlord) [ name of Tenant ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Tenant) [ [ name of Guarantor ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Guarantor) ] [ [ name of Mortgagee ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Mortgagee) ] Definitions Within this Deed, the terms below shall be interpreted as follows: [ Annual Rent • the annual sum reserved under the Lease; ] [ Insurance Rent • the Tenant’s share of the Landlord’s costs of insuring the Property (as set out in the Lease); ] Lease • the lease of the Property dated [ date ], entered into between (1) [ the Landlord OR [ name ...
I, [ name ], of [ address ], solemnly and sincerely state that: [ Matters to be verified, set out in numbered paragraphs ] I make this solemn statement in good conscience, believing it to be true, and pursuant to the provisions of the Statutory Declarations Act 1835. DECLARED at [ details ] this [ day ] day of [ month and year ] Before me ................................................................................ [ signature of the person before whom the declaration is made ] A [ commissioner for oaths OR [ solicitor OR [ insert other qualification ] ] authorised to administer oaths ]...