Royal Trust Bank v Buchler

Royal Trust Bank v Buchler [1989] BCLC 130 is a UK insolvency law case, which decided that before a creditor may enforce security, it must show it is appropriate to do so.

The property got £850,000, and the bank sought leave under the Insolvency Act 1986 s.11(3) (see now, Schedule B) to enforce its security.

He held the bank failed to discharge its burden of showing a proper case to enforce security.

The decision to delay the property's sale was a sound one, and if it was sold the bank could be paid in full.

If the bank was allowed to appoint a receiver, costs would be increased, which would decrease assets available to all creditors.