Cessions of book debts as security are commonplace instruments in the commercial world. What, however, is the precise legal standing of a cession to a creditor of the so-called ""reversionary"" rights or residual dominium of the cedent where the book debts as such have already been ceded to a first cessionary as security? The cedent is here endeavouring to cede as security to his second creditor, the residual value which may exist in his existing book debts after satisfaction of the debts due by him to his first creditor.
In the course of delivering his appellate division judgment in Narlis v South African Bank of Athens, the first encounter of that court with the question of the admissibility of computer evidence in civil proceedings, Holmes JA remarked: ""Well, a computer, perhaps fortunately, is not a person.""
English lawyers, expert in precedent, use it in defence of the restrictive practices that conserve the ancient traditions of their craft. The second article in our series descriptionbes the overlapping activities of barristers and solicitors, and the services they offer to their clients, the public.
This instalment of recent English cases covers quite a wide spectrum and includes inter alia an application of the rules of natural justice; two very interesting cases on provocation and self-defence in criminal law; contempt of court; damages for mental stress; priviliged documents and public interest and liability for negligence. All appear to have some bearing on the application of our own law, should similar facts present themselves.