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Taking Security: Law and Practice explains how security - the creation and enforcement of proprietary rights to secure the payment of a monetary liability - is taken under English law. The book offers a detailed explanation of types of security: creation, priority, and enforcement. It is mainly concerned with UK property and insolvency law, two areas where security is tested and enforced. Authoritative in approach, this highly respected book provides guidance on both the legal principles and practical issues involved in taking and challenging security. This second edition takes account of a number of changes to UK law over the last five years. Slavenburg registrations were abolished in October 2009 and, since the beginning of October 2011, all traces of the requirement to register charges created by overseas companies have gone. It also includes changes introduced under the UK's Companies Act 2006, the changes to the Financial Collateral Directive, and the replacement of the Rome Convention by the Rome I Regulation. A number of important cases are discussed, including Gray v G-T-P on the meaning of financial collateral, IFC v DSNL on equitable liens, Meritz Fire and Marine v Jan de Nul on demand guarantees, Geldof v Simon Carves on equitable set-off, and Re Eurofood and Re HIH on cross-border insolvency. This book will be an essential reference for litigation lawyers, insolvency lawyers, and accountants.
- Sales Rank: #7770590 in Books
- Published on: 2011-12-31
- Original language: English
- Number of items: 1
- Dimensions: 9.75" h x 6.25" w x 1.25" l, 2.00 pounds
- Binding: Hardcover
- 642 pages
Most helpful customer reviews
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Involved with taking, or enforcing security on a debt?
By Phillip Taylor MBE
[[VIDEOID:mo1HIA560H0ODQE]]
HERE'S AN AUTHORITATIVE WORK ON THE SUBJECT
An appreciation by Phillip Taylor MBE and Elizabeth Taylor of Richmond Green Chambers
If you or your clients are involved with the matter of securing payment of a sum of money - in property or insolvency law, for example -- you'd be well advised to acquire `Taking Security: Law and Practice.'
With the aim of describing how security is taken in England specifically, the book offers guidance on both the legal principles and practical issues involved in both sides of a transaction, whether the objective is to take security or challenge it.
`I have attempted to explain the underlying principles of the law of security and how they operate in practice,' says author, Richard Calnan, a partner at Norton Rose. Cases are used selectively to illustrate the principles which underlie the law of security. The overall emphasis is on those issues deemed to be the most important in practice.
Recently published by Jordans, this, the second edition of this authoritative work, incorporates a number of changes to the law that have taken place since the first edition was published in the spring of 2006.
As of October 2011, for example, `the requirement to register charges created by overseas companies has been abolished -- and although, no fundamental change has taken effect as a result of case-law, the book does include a number of important recent cases. Other new developments include changes introduced under the Companies Act 2006... changes to the financial collateral Directive...and the Rome I Regulation which has replaced the Rome convention.
Other changes now in progress include the registration procedure for English companies, which are proceeding slowly with a view, ultimately, to streamlining the registration process. Once such changes are brought into effect -- probably by mid-2013 -- Calnan anticipates producing a third edition.
In the meantime, this book is a real time-saver for busy practitioners, particularly those whose clients are involved in cross-border issues. Clearly written and logically laid out for ease of use, the book is divided into seven sections to include: types of security...creating security...priority of security...enforcing security...security arising by operation of law...alternatives to security...and international security, (pertaining to cross-border transactions).
As you would expect, the book provides excellent resources for further research, with over twenty pages of tables of statutes, statutory instruments and cases and a useful index at the back. The law is stated as at October 2011.
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