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. It offers a detailed explanation of types of security, creation, priority and enforcement. The work is mainly concerned with property and insolvency law as these are 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 security. It is an important textbook for both sides in a transaction: taking and challenging the security.
This new edition of Taking Security: Law and Practice takes account of a number of changes to the 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. The new edition also includes changes introduced under the Companies Act 2006, the changes to the Financial Collateral Directive and the replacement of the Rome Convention by the Rome I Regulation.
Containing both the legal background as well as practical issues which arise when you take security, this readable guide is ideal for practitioners who want to understand the legal principles that underlie the law of security and how they work in practice. What’s new in this edition? This new edition has been revised to take into account a number of changes to the law since 2006. The main legislative changes are the introduction of the Companies Act 2006 and the Rome I Regulation, and the changes made to the Financial Collateral Directive. Important cases include 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 is an essential reference for litigation lawyers when disputes arise, insolvency lawyers and accountants.
Reviews of Taking Security: Law and Practice, 1st edition
"The author of this book is a distinguished and experienced observer and commentator...There is a constant need for both a work such as this to deal with both the contemporary issues which have arisen in recent case law as well as taking stock of the more well established principles...extremely practical...this work will be of extreme benefit to practitioners"
Journal of International Banking Law and Regulation
"well-written, clear and comprehensive account"
Journal of Business Law