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Published online by Cambridge University Press: 30 March 2001
A Bank that wishes to advance money to a customer who has an account in credit may wish to utilise that credit balance as security for the loan. Similarly, a bank might find it advantageous if a third party who is guaranteeing a loan has an account in credit at the bank so that, in the event of the principal debtor's failure, the bank is in a position to set-off any sums outstanding on the loan against its own obligations to repay the surety. Surety arrangements of this kind provided the background for two test cases examined in Re Bank of Credit and Commerce International SA (No. 8) [1997] 3 W.L.R. 909. The bank had given loans to companies secured by arrangements pursuant to which third parties with deposit accounts at the bank (the “depositors”), first, purported to grant charges over those accounts, and secondly, accepted that they were not entitled to repayment until the loans had been repaid in full.