Personal property security is an important subject in commercial
practice as it is the key to much of the law of banking and sale.
This book examines traditional methods of securing debts (such as
mortgages, charges and pledges) on property other than land,
describing how these are created, how they must be registered (or
otherwise 'perfected') if they are to be valid, the rights and
duties of the parties and how the security is enforced if the debt
is not paid. The third edition has been updated to cover a wealth
of cases which have been decided since the last edition. These
include new cases on: control of financial collateral, and relief
against forfeiture under a financial collateral arrangement;
retention of title (including the effect of "extended" clauses);
estoppel and the HPI register; availability of set-off against
assignee; a number of cases on enforcement of security; equitable
liens; solicitor's liens and databases; on priority or purchase
money security interests; and the Irish Supreme Court decision on
floating charge and crystallisation. The effect of key legislative
changes have also been analysed and these include the 2013
amendments to the Companies Act 2006 Part 25, and issues
post-ratification relating to the Cape Town Convention. The only
full-length treatment covering both traditional security over
personal property and also devices that fulfil a similar economic
function, such as retention of title and sales of receivables, The
Law of Security and Title-Based Financing is a frequently-cited and
indispensable reference work both for practitioners and academics.
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Fri, 14 Sep 2018 | Review
by: Phillip T.
NOW IN A NEW EDITION FROM THE OXFORD UNIVERSITY PRESS:
THE DEFINITIVE TITLE ON SECURED LENDING, SPECIFICALLY ON PERSONAL PROPERTY
An appreciation by Elizabeth Robson Taylor of Richmond Green Chambers and Phillip Taylor MBE, Head of Chambers
and Reviews Editor, “The Barrister”
Corporate lawyers dealing with the myriad forms and ramifications of secured lending – on personal property specifically – will welcome this brand-new edition of this long-established, highly readable and famously authoritative legal text published recently by the Oxford University Press.
The subject matter is vast and characterised by a multiplicity of finely nuanced details and distinctions. Fortunately for practitioners, lucid and precise commentary is provided on every pertinent aspect of this complex area of law, the scope and limits of which are carefully defined.
As the authors explain, the remit of the book ‘is limited to security over personal property’ which can be understood as ‘all forms of property other than land’. They are careful though, to refer to ‘the difficulty of separating security over land and security over personal property.’
Fundamentally, the book deals with security of loans, which, as is pointed out, ‘is an alternative to inviting investment from shareholders or partners who will become part owners of the business.’ While company debtors are frequently referred to, transactions by non-corporate debtors are also covered – and insolvency of course, is examined in detail. ‘A systematic treatment of consumer credit,’ say the authors, ‘is left to more specialist works.’
Usefully for practitioners, the scope of this massive subject is summarized in the book’s introductory section followed by six further sections which deal with, for example, description of interests, registration, priorities, enforcement and conflict of laws.
As is the case with a number of law texts, the final section points up the need to consider reform: in this case the reform of particular aspects of law governing security over personal property. This and related issues are discussed with the clarity and thoroughness that typify this book.
The wealth of new material contained in this volume of over 900 pages reflects the principal legislation and new cases that have emerged since the previous edition of 2012. All are helpfully listed in the preface. Also covered are two imminent reforms: The Goods Mortgages Bill… and the Business Contract Terms (Assignment of Receivables) Regulations 2018… and of course, much more.
Then there is the matter of Brexit, about which the word ‘uncertainty’ prominently looms. The authors state that they have prepared this current edition (and very current it is) on the basis of the UK’s current position as a member of the European Union and understandably demonstrate a certain reluctance to speculate on the possible effect of the UK’s withdrawal.
Once assumes in anticipation and hope that the advent of ‘exit day’ will necessitate another new edition of this distinguished legal text. For practitioners grappling with the intricacies of this area of law, it is an indispensable resource.
The publication date is cited as at 8th March 2018
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