Floating Charges in Scotland: New Perspectives and Current Issues

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Floating Charges in Scotland: New Perspectives and Current Issues

Edited by Jonathan Hardman · Alisdair MacPherson
Edinburgh University Press March 2024

Specifications

ISBN-13
9781399530170
Publisher
Edinburgh University Press
Publication
March 2024
Format
Paperback
Jurisdiction
U.K. ? Countri(es) for reference only

Also available as

Hardback

Details

Leading experts cover history, current law, practice and reform to provide the definitive text on floating charges

  • Examines floating charges from a wide range of different perspectives, including doctrinal, policy-focused, theoretical and comparative approaches
  • Contributions from Ross G. Anderson, Jennifer L. L. Gant, George L. Gretton, Jonathan Hardman, Alisdair D. J. MacPherson, Donna McKenzie Skene, Magda Raczynska and Andrew J. M. Steven
  • Includes a foreword by Lord Drummond Young

The floating charge is vital to secured transactions in Scotland and plays a key role in access to finance and corporate insolvency. Leading experts at the forefront of the topic deliver wide-ranging coverage of the history, theory, practice and potential reform of Scotland's floating charge. They examine floating charges from diverse approaches including ‘black letter’, socio-legal, law and economics, and comparative perspectives.

Table of Contents

Foreword
Lord Drummond Young
Editors’ Preface and Acknowledgments
Jonathan Hardman & Alisdair D.J. MacPherson
Part I: The History of Floating Charges
1. The ‘Pre-History’ of Floating Charges in Scots Law
Alisdair D. J. MacPherson
2. Borrowing on the Undertaking: Scottish Statutory Companies
Ross G Anderson
3. The Genesis of the Scottish Floating Charge
Alisdair D.J. MacPherson
4. The Story of the Scots Law Floating Charge: 1961 to Date
George L. Gretton
Part II: Theoretical, Comparative and Policy Perspectives
5. Law and Economics of the Floating Charge
Jonathan Hardman
6. Floating Charges and Moral Hazard: Finding Fairness for Involuntary and Vulnerable Stakeholders
Jennifer L. L. Gant
7. Hohfeld and the Scots Law Floating Charge
Jonathan Hardman
8. The Species and Structure(s) of the Floating Charge: The English Law Perspective on the Scottish Floating Charge
Magda Raczynska
Part III: Practice, Doctrine and the Future
9. The Ranking of Floating Charges
Jonathan Hardman and Alisdair D.J. MacPherson
10. The Floating Charge and Insolvency Law
Donna McKenzie Skene
11. The Empirical Importance of the Floating Charge in Scotland
Jonathan Hardman and Alisdair D.J. MacPherson
12. Reform of the Scottish Floating Charge
Andrew J.M. Steven

Index
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