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Company Charges - Spectrum and Beyond (Hardcover, New)
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Company Charges - Spectrum and Beyond (Hardcover, New)
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This exciting volume draws together the views of some of the most
eminent figures in corporate law and finance regarding the law on
fixed and floating charges. The focus for the book is the
litigation in the case of Spectrum Plus, which culminated in a
House of Lords judgment in June 2005 ([2005] UKHL 41). This
decision has important commercial implications, not only for the
parties in the case but also for the business community at large,
including banks and other lenders, and practitioners in corporate
finance and insolvency. The litigation also raises important
juristic questions regarding the fixed/floating charge divide such
as the theoretical basis for that divide, how the divide is
determined, why it exists at all and whether it ought to be
maintained as a coherent doctrine and a beneficial policy. The
decision also has important ramifications in both security law and
insolvency law and it provides a challenge to some of our most
basic conceptions of freedom of contract and the assignability of
rights and assets in law and equity. These issues, amongst others,
are explored by the contributors to this book. The contributors
include Gabriel Moss, who was one of the QCs involved in the
Spectrum litigation, Sir Roy Goode, Michael Bridge, John Armour,
Robert Stevens, Sarah Worthington, Julian Franks and Oren Sussman,
Jenny Payne and Louise Gullifer, Philip Wood, Joshua Getzler, Look
Chan Ho, and Nicholas Frome and Kate Gibbons.
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