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Vol 23 No 5 May/June 2018

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The Law of Finance 2nd ed

ISBN13: 9780414027640
Previous Edition ISBN: 9780421947306
Published: August 2013
Publisher: Sweet & Maxwell Ltd
Country of Publication: UK
Format: Paperback
Price: £47.95

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The Law of Finance provides a comprehensive account of the whole of the law of finance in one volume. It enables understanding of the subject by going through the principles of the law first and then moving on to look at how, through a range of modern financial techniques, the law is applied in practice. The work is unparalleled in breadth of scope and wealth of detail.

  • Analyses the key principles of the EU financial services directives, the Financial Services and Markets Act 2000 and the FSA Handbook
  • Explains the key concepts relating to the law relating to contracts, property, fiduciary duties and tort, as they apply to finance, which are the building blocks of the law of finance; and also explains practical issues such as the use of master agreements and techniques for taking security.
  • Examines the core principles of private international law as they relate to global financial markets
  • Analyses the key areas of financial practice one-by one: customer banking; lending, syndicated lending and bonds; foreign exchange; securities markets; derivatives and collateralisation; takeovers; private equity; stock-lending; mortgages; collective investment schemes; pensions and insurance.
  • Analyses the effect of the global financial crisis 2007/08 on the law of finance, with analysis of likely future litigation
  • Provides extra course support via podcasts on the author’s website (www.alastairhudson.com), together with updates, course materials and online links
Authoritative and clearly written, The Law of Finance presents readers with an original and comprehensive conceptualisation of the law of finance as a coherent field. It is to be welcomed by law students both at undergraduate and postgraduate level, and by practising lawyers.

Banking and Finance
Section 1: Principles of the Law of Finance
Part I: An Ordering of the Law of Finance
1. The Components of the Law of Finance
2. The Legal ature of Money and Financial Instruments
3. The Relationship Between Substantive Law and Financial Regulation
Part II: Substantive Legal Concepts in the Law of Finance
4. Fundamental Legal Concepts: Contract, Property and Wrongs
5. Fiduciary Duties
6. Conflict of Laws
Part III: Financial Services Regulation
7. EU Financial Regulation
8. The UK Regulatory Structure
9. Fundamental Principles of UK Financial Regulation
10. Conduct of Business
11. Financial Promotion
12. Market Abuse
Part IV: Criminal Law
13. Criminal Offences in the Law of Finance
14. Insider Dealing
15. Money Laundering
16. Fraud in the Criminal Law
Part V: Contract
17. Formation of Contract
18. Validity and Performance of Contracts
19. Master Agreements and Common Contractual Terms and Conditions
20. Termination of Contracts
Part VI: Property
21. Trusts
22. Taking Security and Insolvency
23. Tracing and Proprietary Claims
Part VII: Wrongs
24. Fraud and Undue Influence
25. Negligence and Other Liability in Tort
26. Breach of Trust

Section 2: Specific Financial Techniques
Part VIII: Banking
27. Fundamentals of Banking Law
28. Banking Regulation
29. The Banker and Customer Relationship
30. Payment Methods
31. Retail Banking and Conduct of Business Regulation
Part IX: Lending
32. Ordinary Lending
33. Syndicated Lending
34. Bonds
Part X: Stakeholding
35. The Fundamentals of UK Securities Law
36. Prospectuses and Transparency Obligations
37. Official Listing of Securities 1: Principles of Listing
38. Official Listing of Securities 2: Admission and Maintenance of Listing
39. Liability for Securities Issues
Part XI: Financial Derivatives and Refinancing
40. Financial Derivatives Products and Regulation
41. Documentation of Financial Derivatives
42. Collateralisation
43. Termination of Financial Derivatives