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The Law of Security and Title-Based Financing, 3rd Edition

The Law of Security and Title-Based Financing, 3rd Edition

Author: Hugh Beale; Michael Bridge; Louise Gullifer; Eva Lomnicka
Publisher: Oxford University Press
ISBN: 9780198795568
Published In: March 2018
Format: Hardback , 888 pages
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents
Author
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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.
1: Introduction
2: Use of security interests and quasi-security interests in debt financing
3: Financial collateral

I: Description of Interests
4: Types of interest
5: Possessory security
6: Non-possessory security
7: Financing devices involving the transfer or retention of title
8: Rights not including the transfer or retention of title

II: Registration and Other Perfection Requirements
9: Perfection requirement
10: Interests created by companies
11: Interests created by debtors who are not companies

III: Priorities
12: Introduction to priorities
13: General priority rule: nemo dat (first in time to be created wins)
14: Exceptions to the nemo dat rule
15: Authorized dispositions
16: Priority between consensual and non-consensual security interests
17: Other priority issues
18: Other priority issues
19: Enforcement of true security interests
20: Enforcement of security in insolvency
21: Enforcement of rights not including the transfer of title

IV: Conflict of laws
22: Conflict of laws

V: Criticism and reform proposals

23: Criticism and reform proposals
Hugh Beale, Professor of Law in the University of Warwick; Law Commissioner for England and Wales, Michael Bridge, Professor of Commercial Law, London School of Economics, Louise Gullifer, Fellow and tutor in law, Harris Manchester College, Oxford, and Eva Lomnicka, Professor of Law, King's College London; Barrister, 4 New Square Chambers

Professor Hugh Beale is Professor of Law at the University of Warwick.

Professor Michael Bridge is Professor of Commercial Law at the London School of Economics. He is also a barrister of the Middle Temple. Before coming to the LSE in 2007, he held chairs in law at McGill University, the University of Nottingham and UCL, and was Dean of the Faculty of Laws at UCL.

Louise Gullifer is a Fellow and tutor in law at Harris Manchester College, Oxford.

Professor Eva Lomnicka is Professor of law at King's College, London, and is also a barrister at 4 New Square Chambers.
Review(s) from previous edition

"'an essential tool for the practicing lawyer...thoroughly recommended.' - Ross Cranston QC