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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. It offers a detailed explanation of types of security, creation, priority and enforcement. The work is mainly concerned with 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 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. 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 is an essential reference for litigation lawyers when disputes arise, insolvency lawyers and accountants.