The Law of Security and Title Based Financing 3rd Edition by Hugh Beale, Michael Bridge, Louise Gullifer, Eva Lomnicka ISBN 0192551256 9780192551252

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ISBN 10: 0192551256 
ISBN 13: 9780192551252
Author: Hugh Beale, Michael Bridge, Louise Gullifer, Eva Lomnicka

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.

The Law of Security and Title Based Financing 3rd Table of contents:

I Introduction
1. Introduction
A. Scope of book
B. Reasons for security
C. The contribution of equity
D. Categories of security interests in English law
E. Quasi-security: reservation of title
F. Form and substance and recharacterization risk
G. Statutory interventions on behalf of unsecured creditors
H. Creditors’ preferences
2. Use of Security and Quasi-security Interests in Debt Financing
A. Introduction
B. General map of debt financing
C. Use of security and quasi-security in general debt financing
D. Specialized financing
3. Financial Collateral
A. The Directive on Financial Collateral Arrangements
B. Forms of financial collateral
C. Key concepts of the FCARs
D. Charges over financial instruments
E. Charges over ‘cash’
F. Charges over ‘credit claims’
G. Evaluation of the FCARs
II Description of Interests
4. Types of Interest
A. Security interests and absolute interests
B. Characterization of interests as security interests or absolute interests
5. Possessory Security
A. Pledge
B. Possessory lien
6. Non-possessory Security
A. Consensual
B. Non-consensual
7. Financing Devices Involving the Transfer or Retention of Title
A. General
B. Goods
C. Title transfer financial collateral arrangements
D. Receivables
8. Rights not Including the Transfer or Retention of Title
A. Non-consensual
B. Consensual
III Registration and Other Perfection Requirements
9. Registration and Other Perfection Requirements
A. Meaning of perfection
B. Purpose and significance of perfection requirements
C. Specialist registers
D. Registration of hire purchase agreements
10. Interests Created by Companies
A. Overview
B. Registration under the Companies Act 2006
11. Interests Created by Debtors Who are not Companies
A. Introduction
B. The Bills of Sale Acts
C. General assignments of book debts
D. Agricultural charges
E. Charges created by cooperative, community benefit, and building societies
IV Priorities
12. Introduction to Priorities
A. Introduction
B. Registration as constructive notice
13. General Priority Rule: Nemo Dat (First in Time to be Created Wins)
A. The nemo dat principle
B. Priority between possessory security interests and non-possessory security interests
C. Priority between the holder of possessory security interests and buyers
D. Priority between non-possessory security interests
E. Priority between the holder of non-possessory security interests and buyers
F. Priority between financing devices involving the transfer or retention of title and other security interests
14. Exceptions to the Nemo Dat Rule
A. Purchaser of legal interest
B. The rule in Dearle v Hall
C. Statutory exceptions to the nemo dat rule
D. Priority normally established by date of registration
E. Future advances and priority
F. Priority agreements
15. Authorized Dispositions
A. Introduction
B. Authority to make absolute disposition
C. Authority to create prior ranking security interest
16. Priority between Consensual and Non-consensual Security Interests
A. Introduction
B. Possessory liens
C. Lienholder and owner
D. Lienholder and secured creditor
E. Statutory rights of detention
F. Equitable liens
G. Priority of maritime and statutory liens
H. Execution creditors
I. Distress
17. Other Priority Issues
A. Priority between holders of security and absolute interests in assets and unsecured creditors
B. Circularity
V Enforcement
18. Enforcement of True Security Interests
A. General issues in relation to true security interests
B. Pledge
C. Lien
D. Non-possessory security
19. Enforcement of Financial Devices Involving the Transfer or Retention of Title
A. Introduction
B. Goods
C. Title transfer financial collateral arrangements
D. Receivables
20. Enforcement of Security in Insolvency
A. General
B. Liquidation and bankruptcy
C. Administration
D. Receivership
E. Other insolvency procedures
21. Enforcement of Rights not Including the Transfer of Title
A. Non-consensual
B. Consensual
VI Conflict of Laws
22. Conflict of Laws
A. The applicable law
B. Security and the applicable law
C. International uniform security interests
VII Criticism and Law Reform Proposals
23. Criticism and Reform Proposals
A. Introduction
B. Reports recommending reform and reforms elsewhere
C. Proposed amendments to the registration and priority of company charges
D. Reform of the Bills of Sale legislation
E. Radical reform
F. Current prospects for radical reform in England and Wales

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