Goode on Legal Problems of Credit and Security, 4th Edition

Banking / Finance

Goode on Legal Problems of Credit and Security, 4th Edition

Edited by Professor Sir Roy Goode, QC · Louise Gullifer
Sweet & Maxwell U.K. October 2008

Specifications

ISBN-13
9781847035783
Publisher
Sweet & Maxwell U.K.
Publication
October 2008
Format
Hardback
Jurisdiction
U.K. ? Countri(es) for reference only

Details

Regularly cited in court, this book gives a concise and lucid explanation of the law and regulation of credit and security. This 4th edition:

  • Delivers clarity and rigorous analysis and provides unambiguous interpretation of the legal principles
  • Takes account of the plethora of case law and legislative developments, as well as international conventions and European Community Directives
  • Explores the fundamental concepts of common law and equity as they affect secured transactions
  • Explains accurately how underlying principles apply to different transactions
  • Outlines the different forms that credit and security can take
  • Defines how security can be applied as part of the credit agreement
  • Explains key concepts such as attachment, set-off, fixed and floating charges
  • Covers developments in the insolvency rules
  • Considers all the relevant case law, including the Spectrum and Leyland Daf decisions
  • Covers the Law Commission’s proposals for reform in Report No. 296
  • Examines legislative developments such as the Consumer Credit Act 2006 and EU Directives

Table of Contents

A complete guide to the law relating to credit and security
  • The purposes of security
  • The concept of security
  • The classification of security
  • What constitutes a security interest
  • The forms of consensual security
  • The permissible objects of security
  • Accretions to the security
  • Derivative security interests
  • The negative pledge
  • The subordination agreement
  • Sale of participation in loan assets
Attachment and perfection of a security interest: general considerations
  • Principles of attachment
  • Perfection of a security interest
  • Registration under s.860 of the Companies Act 2006
  • The specialist registers
  • Proposals for reform
Attachment, perfection and effects of fixed security in non-documentary receivables
  • Characterisation and forms of security
  • Attachment of security interest in receivables
  • Perfection of security interest in receivables
  • Rights acquired by the assignee
  • Legal impediments to the creation of security over a receivable
The floating charge
  • The conception of the floating charge
  • Fixed charge versus floating charge
  • Shifting assets: control techniques
  • Crystallisation of a floating charge
  • De-crystallisation and re-crystallisation
  • Enforcement of the security
  • The future of the floating charge
Fixed and floating charges: some problems of priority
  • Principles of priority at common law
  • The impact of legislation
  • Priority of competing security interests
  • Competition between a fixed consensual security interest and other types of interest
  • Ranking of the floating charge
  • Waiver of a security interest
  • Subordination of a security interest
  • The after-acquired property clause and the subsequent purchase-money security interest
  • Impact of insolvency on a security interest
  • Some typical priority problems outside insolvency
Security interests in corporate investment securities
  • The nature of the securities entitlement
  • Characterisation issues relating to transfers and re-transfers
  • Security interests in directly held securities
  • Security interests in indirectly held securities
  • Rights of use and substitution
  • The EC Directives on financial collateral
  • Cross-border securities and the conflict of laws
Set-off, netting and abatement
  • Set-off: nature, classification and development
  • Contractual set-off and netting
  • Current account set-off
  • Independent (statutory) set-off
  • Transaction (equitable) set-off
  • The effect of assignment on independent and transaction set-off
  • Other aspects of independent and transaction set-off
  • Abatement
  • Insolvency set-off: general principles
  • Insolvency set-off: special situations
Some aspects of suretyship law
  • General Principles
  • Bankruptcy
  • Vulnerability of guarantee as transaction at undervalue
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