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Lloyd's Maritime and Commercial Law Quarterly

RETENTION OF TITLE AND IMPLIED AUTHORITY TO PASS TITLE TO SUB-BUYERS

Fairfax v. Capital Bank

It is rare these days for litigation concerning retention of title clauses to reach the Court of Appeal in England. In Fairfax Gerrard Holdings Ltd and others v. Capital Bank Plc,1 the three claimants, FGH, FGI and Assetline, were part of a corporate group in the business of trade finance.2 The claimants’ role in the transaction in question was to finance Dimond’s acquisition of a machine for sub-sale to Print Factory or to Carrprint. The machine was acquired from a Chinese supplier. The claimants then contracted to sell the


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