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The Law of Personal Property, 3rd Edition

The Law of Personal Property, 3rd Edition

Author: Prof Michael Bridge; Prof Gerard McMeel
Publisher: Sweet & Maxwell U.K.
ISBN: 9780414098152
Published In: December 2021
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents

Details
Issues and disputes concerning personal property are a common feature of commercial legal practice. The new edition of this authoritative guide to this substantial area of common law provides a comprehensive and in-depth treatment of both tangible and intangible personal property.
In this third edition of The Law of Personal Property, the work up is brought up to date with the latest developments. Most importantly, there is now
a comprehensive new chapter on Digital Assets, bringing the reader up to date with a fast developing body of law

a substantially extended treatment of electronic documentation

In general, a discussion of the effects of Brexit
The key new case law, legislation and other developments covered in this supplement includes:
Hocking v Director-General of the National Archives of Australia (a decision of the High Court of Australia on the meaning of property with particular reference to intangible assets)

Borwick Development Solutions Ltd v Clear Water Fisheries Ltd (on the ownership of land and of animals ferae naturae on the land)

AA v Persons Unknown (the appropriate location of digital assets in the scheme of property classification)

Smethurst v Commissioner of Police (an Australian High Court decision on whether information amounts to property)

Law Commission, Digital Assets: Electronic Trade Documents (Consultation Paper 254, 2021) and the amended rules of the London Metal Exchange on immobilised and dematerialised warehouse warrants

Natixis SA v Marex Financial (on the question whether warehouse receipts may be treated as negotiable (transferable) instruments)

London Clubs Management Ltd v Revenue and Customs Commissioners (a Supreme Court decision on whether non-negotiable gambling chips were to be treated as “money or money’s worth” for the purpose of gaming duty)

BTI 2014 LLC v Sequana SA (the interests of creditors and dealings with a company’s assets in the run-up to liquidation)

Corporate Governance and Insolvency Act 2020 (the general moratorium in the case of eligible companies on actions against a company and its assets)

Scipion Active Trading Fund v Vallis Group Ltd (pledges, warehouse warrants and the conflict of laws)

SL Claimants v Tesco plc (the legal consequences of holding securities through intermediaries)

The effect of Brexit on the priority regime relating to registered designs

Serious Fraud Office v Litigation Capital Ltd (on priority between competing assignments and the rule in Dearle v Hall)
1. INTRODUCTION
2. OWNERSHIP AND COOWNERSHIP OF PERSONAL PROPERTY
3. GOODS
4. DEBTS AND THINGS IN ACTION
5. DOCUMENTARY INTANGIBLES
6. EQUITY AND DEBT SECURITIES
7. MONEY
8. DIGITAL ASSETS
9. STATUTORY IP RIGHTS
10. COMMON LAW INTELLECTUAL PROPERTY RIGHTS
11. POSSESSORY INTERESTS
12. BAILMENT
13. STORAGE AND CARRIAGE
14. LEASES AND HIRE
15. TRUST INTERESTS
16. SECURITY INTERESTS
17. MODES OF ACQUISITION AND DIVESTMENT NOT BASED ON CONSENT: FINDING, MIXING, MANUFACTURING AND SUCCESSION
18. GIFT AND DONATIO MORTIS CAUSA
19. PROPERTY ASPECTS OF SALE OF GOODS: GENERAL
20. PROPERTY ASPECTS OF SALE OF GOODS: INTERESTS IN BULK GOODS
21. PROPERTY ASPECTS OF SALE OF GOODS: RETENTION OF TITLE CLAUSES
22. REQUIREMENTS FOR ASSIGNMENTS
23. RIGHTS TRANSFERRED BY ASSIGNMENT
24. BARS ON ASSIGNMENT
25. NOVATION
26. NEGOTIATION OF DOCUMENTARY INTANGIBLES
27. TRANSFER OF EQUITY AND DEBT SECURITY
28. TRANSFER OF MONEY
29. DEALINGS IN INTELLECTUAL PROPERTY
30. TRANSFER OF POSESSORY INTERESTS
31. TITLE CONFLICTS AND PRIORITIES
32. FOLLOWING, TRACING, AND CLAIMING
33. PROTECTING AND ENFORCING INTERESTS AT COMMON LAW: THE PROPERTY TORTS
34. SPECIFIC RELIEF: DELIVERY UP OF GOODS AND OTHER REMEDIES
35. ENFORCING RIGHTS IN RESPECT OF SECONDARY INTERESTS
36. PROTECTION OF EQUITABLE OWNERSHIP INTERESTS
37. PERSONAL PROPERTY IN INSOLVENCY PROCEEDINGS
38. CONFLICT OF LAWS AND TANGIBLE MOVABLE PROPERTY
39. CONFLICT OF LAWS AND INTANGIBLE PROPERTY